
Glass 1^7.57^ 



f 



Book. 



i^^6 



GENERAL 

PUBLIC SCHOOL LAWS 



OF 



ALABAMA 
1905 




ISSUED BY 

ISAAC W. HILL 

Superintendent of Education 



7 



9B9 

GENERAL -^^^ 



PUBLIC SCHOOL LAWS 



OF 



ALABAMA 

1905 




ISSUED BY 

ISAAC W. HILL 

Superintendent of Education 






V - .^ . 



DEPARTMENT OF EDUCATION. 



ISAAC W. HILL, HARRY C. GUNNELS, 

Superintendent of Education. Chief Clerk. 

W. C. SWANSON and N. I. BILLING, MISS LENA FABER, 

Bookkeepers. Stenographer; 



STATE BOARD OP EXAMINERS. 

ISAAC W. HILL, Ex-Officio President. 

WM. F. FIEAGIN, Secretary. 

J. NICHOLENE BISHOP. 



MISS SUSIE OF.FUTT, Stenographer. 



-fM EXCHANGE. 



PUBLIC SCHOOL LAWS OF ALABAMA. 



Article I. 

PUBLIC SCHOOL FUND. 

3589. Appropriations for public schools. — For the 
niaiiiteiianee of a system of public schools throughout 
the State, the following sums of money are hereby appro- 
priated for each scholastic year, to-wit : 

1. The annual interest at six per cent, on all sums of 
money which have heretofore been, or which may here- 
after be received by the State, as the proceeds of sales of 
lands granted or instituted by the United States to the 
State, or to the several townships thereof, for school 
purposes. 

2. The annual interest at four per cent, on that 
jjart of the surplus revenue of the United States, de- 
posited with the State under the act of congress ap- 
proved June 23, 1836. 

3. All the annual rents, incomes and profits, or in- 
terests, arising from the proceeds of sales of all such 
lands as may hereafter be given by the United States 
or by this State, or by individuals, for the support of 
the public schools of the State. 

4. All of such sums as may accrue toi the State as es- 
cheats; the same to be applied to the support of the 
public schools during the scholastic year next succeed- 
ing their receipt in the State treasury. 

5. The further sum of five hundred and fifty thou- 
sand dollars, from any money in the treasury not other- 
wise appropriated. (As amended.) 

6. The net amount of poll tax that may be collected 
in 'the State; the poll tax collected in each county to 
be retained therein for the support of the public schools 
thereof, and distributed and disbursed as provided in 
this chapter. 



7. All rents, incomes and profits received into the 
State treasury during the scholastic year from all lands 
heretofore donated by the congress of the United States 
for the support of the public schools, and remaining un- 
sold, which shall be applied to the support of the pub- 
lic schools during the scholastic year next succeeding 
their receipt into the treasury. 

8. Licenses which are by law required to be paid into 
the school fund of any county ; to be promptly paid by 
the judge of probate, or other person collecting the 
same, to the county superintendent of education, and 
to be expended for the benefit of the public schools of 
such county. 

3540. When appropriations accrue, and placed to 
credit of educational fund. — All such appropriations, 
except the poll-tax, shall accrue to the educational fund 
on the first day of October, in each year; and on that 
day the State Auditor shall place to the credit of that 
fund, on the boots in his office, all such amounts as ac- 
crue thereto from the sources in this article mentioned, 
except the poll-tax, for the scholastic year beginning on 
that day. 



Article II. 

GENERAL DESIGNATION OF OFFICERS. 

3541. Offi,cers for administration of public schools. 
For the administration and government of public 
schools in this State, there are the following officers : 

1. The superintendent of education. 

2. A county superintendent of education in each 
county. 

3. Three township trustees in each township. 



Article III. 

SUPERINTENDENT OF EDUCATION. 

3542. (As amended.) Term of office; saJarij.—The 
superintendent of education holds office for the term 
of four years from the time of his installation in office, 
and until his successor is elected and qualified, and shall 
receive a salary of two thousand, two hundred and fifty 
dollars per annum, payable in monthly installments, 
on the last day of each month. 

3543. Outh of office and bond. — Before entering up- 
on the duties of his office, he shall take the oath of office 
prescribed by the constitution, and shall also give bond, 
with sureties to be approved by the Governor, in the 
sum of fifteen thousand dollars, conditioned faithfully 
to discharge the duties of his office so long as he shall 
remain therein, or perform any of the duties thereof; 
and such bond shall be filed in the office of the Secre- 
tary of State. 

3544. Off'ice and hooks, papers and records. — He 
shall have an office at the capitol of the State, where 
the bonds, papers and records of his office shall be kept, 
and where he shall give attendance when not absent on 
official business; and it shall be the privilege of all per- 
sons interested to have access, at all proper hours, to 
the books, papers and records of the office. 

3545. Clerks and their salaries. — He is authorized 
to employ four suitable clerks for service in his office; 
and such clerks shall be allowed salaries as follows: 
One, fifteen hundred dollars per year ; two, twelve hun- 
dred dollars per year each; one, five hundred dollars 
per year, to be paid as the salaries of other department 
clerks are paid. (As amended.) 

3546. Duties of ^nperintendemt of Education. — The 
duties of Superintendent of Education shall be as fol- 
lows : 



6 

1. He shall devote his time to the care a.nd improve- 
Dient of the common schools, and the promotion of pub- 
lic education, and shall exercise a general supervision 
over all the educational interests of the State; and to 
this end, he shall have power to require from the county 
superintendents of education, township trustees of pub- 
lic schools, and all other school officers, all such reports 
and information relating to the educational fund, or 
the condition of schools and management thereof, as he 
may deem important, or as may be prescribed by law; 
and he may remove from office any such officer for fail- 
ure to make such report, give such information, or dis- 
charge any other official duty. 

2. He shall annually, as far as practicable, visit 
every county in the State for the purpose of inspecting 
the schools and their management, the accounts of 
county superintendents of education, and other school 
officers, and for diffusing as widely as possible, by per- 
.sonal address and personal communication, information 
us to the importance of public schools and the best 
method for their management; and he shall encourage 
and assist at organizing and conducting teachers' and 
superintendents' institutes. 

3. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in 
part by public money, or under State control, in hy- 
giene and physiology, with special reference to the ef- 
fects of alcoholic drinks, stimulants and narcotics upon 
the human system. 

4. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or 
in part, by public money, or under State control, in 
the constitution of the United States and the constitu- 
tion of the State of Alabama. 

5. He shall annually apportion the public school 
fund to the various townships and school districts, ac- 
cording to the entire number of children of school age, 
nnd shall see to the proper disbursment of the same; 
and to this end, he shaill keep an accurate account with 
all officers who may be custodians or disbursers of the 
school fund, or any part thereof. 



6. He shall prepare all forms, and have printed and 
distributed all such blanks as may be necessai'y, or as 
may be required by law, in the administration of the 
public school system. 

7. He shall furnish the county superintendents and 
other school officers all necessary books for keeping 
their accounts and records, to be and remain public 
property; and he shall prescribe a uniform system of 
keeping- such accounts and records. 

8. He shall take receipts for all such books so fur- 
nished by him to school officers, and such officers shall 
take good care thereof, and turn them OA^er to their suc- 
cessors in o If ice. 

9. He shall keep a debtor and creditor account with 
each township, or other sch.ool district, in the State, of 
all funds accruing thereto for educational purposes. 

10. He shall keep an accurate account of the capital 
of all sixteenth-section or other trust funds, to whicli 
each township or school district may be entitled, show- 
ing whence and wlien such funds were derived. 

11. He shall preseiwe in his office all bonds of 
school officers and others required to be filled therein. 

12. He shall cause suits to be instituted and prose- 
cuted against all defaulters to the educational fund, 
and for this purpose may employ attorneys; but he shall 
not have power to contract or pay such attorneys out of 
the educational fund more than ten percentum of the 
amount recovered by them in such suits; and out of 
such funds he may pay such lawful costs as may be taxed 
against him as superintendent of education in case he 
is cast in an.y such suit. 

13. He shall require and supervise the collection of 
all poll-taxes. 

14. He shall, by correspondence, exchange of offi- 
cial reports, and other proper means, elicit information 
relative to the system of public education in other States 
and countries, and disseminate all useful knowledge re- 
garding the same among the county superintendents 
and otlier school officers in the State. 

15. He shall collect in his office such school-books, 
apparatus, maps, . charts and specimpus of improved 



8 

school furniture as cau be obtained without expense to 
the State. 

16. He shall prepare and have printed, in pamphlet 
form by the public printer, all laws, rules and regula- 
tions pertaining to the public school system of the State, 
including therein the constitution of the United States, 
and the constitution of the State of Alabama, and cause 
the same to be distributed among the county superin- 
tendents of education, and other officers connected with 
the school system, for the information of those inter- 
ested in the educational interests of the State. 

17. He shall hold or cause to be held, mthin each 
congressional district, one or more teachers' institutes, 
to be conducted by a teacher experienced in and famil- 
iar with the most improved methods of instruction, for 
a term of one week or more during the summer months 
or each year; and for such purpose may, from time to 
time, certify to the auditor the amount, not exceeding 
five hundred dollars in any one year, necessary to de- 
fray the expenses of employing teachers to conduct such 
institutes and instruct the teachers who attend them, 
and upon such certificate it shall be the duty of the au- 
ditor to draw his warrant upon the treasurer for such 
sum or sums in favor the superintendent of education 
as may remain unapportioned in the treasury at the time 
but the sum so expended in any one year shall not ex- 
ceed the amount apportioned and paid for such purposes 
by the trustees of the Peabody Educational Fund in any 
(me year. And such sums must be disbursed so as to 
secure the greatest good to the largest number of teach- 
ers in the common schools, and it shall be the duty of 
the superintendent of education to take vouchers there- 
for to be kept on file in his office, and to make an item- 
ized statement in his biennial report, as to how and 
to whom said money has been disbursed. 

18. He shall perform such other duties as are, or 
may be, prescribed by law. 

3547. Reports to governor; contents. — He shall also, 
biennially, on or before the tenth day of October, re- 
port to the Governor in writing — 



1. A brief history of bis labors. 

2. An abstract of the reports received by him from 
the county superintendents of education, exhibiting the 
condition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement showing how the contin- 
gent fund of his department, and all other special funds 
or appropriations under his control have been disposed 
of. 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 

6. All such other matters relating to his office and 
to public schools, as he shall deem expedient to com- 
municate. 

3548. Report to he printed and distrihuted. — The 
governor shall, when such report is laid before him, di- 
rect the superintendent of education to have printed 
in the same manner, and upon the same conditions as 
other printing is done, during the recess of the general 
assembly, a sufficient number of copies of the report to 
supply the county superintendents and township trus- 
tees of public schools, and other school officers, and for 
the usual exchange with other States, and with the lead- 
ing cities of the United States ; and it shall be the duty 
of the superintendent of education to distribute the same 
as indicated in this section. 

3549. Vacancy filled by governor'; term, etc., of ap- 
pointee. — If the office of superintendent of education 
should, at any time, become vacant, by death, resigna- 
tion, or otherwise, the governor shall appoint a suit- 
able person to fill such office for the unexpired term; 
and such appointee shall give bond and qualify in the 
same manner as if he had been elected for a full term. 



10 

Article IV. 

COUNTY SUPERINTENDENTS. 

3550. One elected for each county. — Unless by spe- 
cial act it is otherwise provided, a county superintend- 
ent for each county is elected at each general election, 
as provided in this Code. 

3551*. Term of of ice; remo'vul. — The term of office 
of county superintendents who are elected shall com- 
mence on the first day of October next after their elec- 
tion, and the term of those appointed shall commence 
on the first day of October of each odd year; and in 
either case, shall be for two years and until their suc- 
cessors shall qualify; but the superintendent of educa- 
tion may, at any time, for good cause shown, remove 
from office any county superintendent of education, 
whether elected or appointed. 

3552. Oath of office and bond. — Every county super- 
intendent of education, before entering upon the duties 
of his office, must take the oath of office prescribed by 
the constitution, and give bond in an amount to be fixed 
by the superintendent of education, but in no case to be 
less than double the probable amount of money that 
may be in his hands at any one time, with good and 
sufficient sureties, and payable and conditioned as offi- 
cial bonds of other public officers. 

3553. A pproral ai:d record of hond. — Such bond must 
be approved by, and, with the oath of office, niiisL be filed 
and recorded in the office of the judge of probate of the 
county; and a certified copy of the bond iuusf also be 
filed in the office of the superintendent of ed neat 'on for 
his approval. 

[Failure to file copy with superintendent of education 
nO' defense tO' county superintendent of his sureties^ in 
an action for his default.— Reed v. Summers, 79 Ala. 
522.] 

*Term four years. General Acts 1903, Sec. 27, page 
450. 



11 

3554. New or additional hand; effect of notice to 
(jive. — The superintendent of education shall require of 
any county superintendent of education a new or addi- 
tional bond, in the same, or a ditferent amount, as that 
of the original bond, whenever he shall tind it necessary 
for the protection of the educational fund of the county ; 
and no county superintendent of education, after receiv- 
ing notice to give such new or additional bond, shall 
continue in the discharge of the duties of his office 
until such new or additional bond is given. 

3555. Compensation. — Each county superintendent 
of education shall receive for his services four per cent- 
um on the amount of all the educational fund legally 
disbursed by him, but such percentum must not be taken 
and used by him until after the disbursements have been 
made, and the credits allowed by the superintendent of 
education. 

3556. His duties. — The duties of each county super- 
intendent of education shall be as follows: 

1. He shall have an office at the county site of his 
county, where he must, on the first Saturday of each 
month, from the beginning of the scholastic year until 
the close of the public schools for that year, be present 
to transact business with the officers and teachers of 
public schools. 

2. He must receive and take charge of any money, 
funds, property, or proceeds of an 3^ character, raised iu 
his county by county taxation, or which may accrue 
to him or to the county from any gift, grant, bequest, 
devise, endowment, or otherwise, to be issued in aid of, 
or in connection with money apportioned to his county 
from the educational fund, and shall faithfully keep the 
same separate and apart from any other funds or prop- 
erty whatsoever; and he shall apportion, distribute and 
pay out all money raised in accordance with this sub- 
division; but all money, raised by local taxation in any 
school district or incorporated city or town, shall be 
expended for the benefit of the district, city or town in 
which the money is raised, and by such persons, and in 



12 

such manner as are authorized by the laws of force for 
the control and government of public schools in such 
district, city or town. 

3. He shall examine into the condition of all school 
funds of his county, including the sixteenth section fund 
and sixteenth section lands unsold in his county; and 
he is authorized and required in the name of the State 
for the use of the township, to bring all necessary suits 
for the recovery of the possession of such lands, or 
against trespassers thereon. 

4. He shall, as soon as he receives the annual ap- 
portionment of the educational fund of his county, forth- 
A^ith notify the township trustees of each township of 
the amount apportioned to each township or separate 
school district. 

5. He shall enter in a book or books, kept for that 
purpose, the exact amount and date of all moneys re- 
ceived and paid out by him on account of the educa- 
tional fund of his county, showing by whom or to whom 
paid, and for what purpose, and also the amount of the 
educational fund apportioned to, and distributed in 
each township for each race; and such books shall be 
open to the inspection of all persons interested. 

6. He shall, on or before the thirtieth day of Sep- 
tember of each year, forward to the superintendent of 
education, on blanks to be furnished him by the latter, 
an annual report of the public schools of his county for 
the preceding year, which shall set forth (1) the amount 
of school money received by him from all sources to the 
end of the year, specifying how much was received from 
each source; (2) how much has been disbursed by him 
during such year, for what purpose, and the names of 
teachers to whom money has been paid, the time they 
taught, and the total amount paid to each teacher; (3) 
the amount of funds then in hand for each township or 
school district in this county; and (4) the manner in 
which, and the extent to which he has discharged the 
duties required by law to be performed by him. 

7. He shall remove from office any township trustee 
when the interest of public education demands such re- 



13 

luoval, and he shall fill all vacancies occasioned by re- 
moval from office or oflierNvise. 

8. He must quarterly, on the first Saturdays in Janu- 
ary, April, July and Octi^bcr, ol" eacii \'3i\r, oi' as soon 
thereafter as practicable, pay the teachers of the public 
schools, upon the certificate of the trustees of the town- 
ship in which the school was taught; and in counties in 
which separate districts have been established by spe- 
cial laws, he shall pay over to the officers, authorized to 
receive the same their proportionate shares of the school 
revenues at the time above designated. ( See page 96 of 
this pamphlet. ) 

3557. Forfeiture for failure to make annual reports. 
If any county superintendent shall wilfully fail to make 
out and forward to the superintendent of education any 
annual report required by this article, within ten days 
after the time it should be made, he shall be liable to a 
forfeiture of his commissions, to be declared by the sup- 
erintendent of education and to remoA'^el from office by 
the superintendent of education. 

3558. Books and accounts liable to examination. — 
The books, accounts and vouchers of the county super- 
intendent of education may be examined at any time by 
the superintendent of education in person or by duly au- 
thorized agent. 

3559. Vacancies, hoto filled; term, etc., of appoint- 
tees. — The superintendent of education shall fill all va- 
cancies in the office of county superintendent of educa- 
tion, by appointment; and such appointee shall hold 
during the unexpired term, and until his successor quali- 
fies, and shall give bond and qualify as is required of an 
appointee for a full term. 



14 

Article V. 

TOWNSHIP TRUSTEES. 

(See Eestricting Law, p. 83, beginniug at § 6, this 
phamphlet. ) 

3560. TGicnship trustees appointed; term of office. — 
Three township trustees for each township, or other 
school district in each county, who shall be freeholders 
and householders resident in such township or school 
district, shall be appointed by the county superintend- 
ent of education ; and the term of office of all township 
trustees shall commence on the first day of October of 
each old year, and continue two years and until their 
successors shall qualify. 

3561. Establishment and supervision of schools. — 
The township trustees shall have the immediate super- 
vision of the public schools in their toAvnship or school 
district, and shall have power to establish, subject to the 
approval of the county superintendent of education one 
or more schools for either race in such township or 
school district, as the public necessity may require. 

3562. Meetings with j^a^ents and guardians; husi- 
ness transacted. — The trustees in each township shall 
annually, on the last Monday in October, or within 
seven days thereafter, call a meeting of the parents and 
guardians of the children of their township within the 
educational age, and at such meeting they shall, in con- 
sultation with such parents and guardians, and with a 
view to subserve their wishes, interests and convenience', 
transact the following business : 

1. They shall determine the number of schools which 
shall be established in their township for the current 
scholastic year, and shall designate the same by num- 
ber. 

2. They shall fix the location of each school, the time 
of its opening, aiud the length of the session, which 
shall not be, except as hereinafter provided, less than 
twelve weeks. 



15 

3. Tliej shall, when they establish the schools in 
their township, apportion to each school so established 
such au amount of the public school revenue apportion- 
ed to the township for the current scholastic year as 
they may deem just and equitable for the equal benefit 
of the children thereof of school age. 

4. They shall determine the number and what chil- 
dren shall l»e transferred from their districts to the 
schools of other districts, and to what districts transfer- 
red, during the scholastic year, and shall set apart such 
an amount of the money apportioned to their district 
to pay for such transferred children as they may deem 
just and equitable; and if it should be deemed imprac- 
ticable to establish in any district a public school for 
the children of either race, on account of the want of a 
sufficient number of such race living within a reason- 
able distance, they shall determine whether any of such 
children can be transferred conveniently to a public 
school in another district, and those that cannot be so 
transferred, and that have actually attended some school 
in this State for the time during which the public 
schools were kept open for the current scholastic year, 
shall be entitled to the benefits of the amounts appor- 
tioned to their district; and they shall determine the 
amount to which each of such children shall be entitled, 
and the samei shall be paid by the county superintendent 
of education to the parent or guardian of such child, 
for which a receipt sliall be taken as in case of payments 
to teachers. 

5. In those townships in which less than the requi- 
site number of children of school age reside, it shall 
be the duty of the township trustees to arrange for the 
teaching of such children in such manner as they may 
deem prcsper and just, subject to the approval of the 
county superintendent of education, and to pay for the 
tuition of such children in the manner prescribed by law 
out of the school funds apportioned to such township. 

6. Such other business as may be necessary to carry 
out the provisions of the law. 

3563. Report after meeting. — They shall, within ten 
days after such meeting, report to the county superin- 



16 

tendent of education the number and location of the 
schools, the names of the teachers employed, and the 
amount of money apportioned to each school. 

3564. 'Notice mid duration of meeting; effect of fail- 
ure to attend. — Such meeting shall be called by posting 
ten days previousy thereto, written notices of the time 
and place of meeting, and of the business to be trans- 
acted thereat, in not less than three public places in the 
district; and the township trustees shall have power to 
continue the meeting from day to day until all the 
business has been transacted, and they may adjourn the 
same to a future day, not exceeding one week; and if 
the parents and guard" ans fail to attend such meeting, 
the township trustees shall, in their absence, proceed to 
perform the duties required of them. 

3565. Appeal to county superintendent. — An appeal 
may be taken from the decision and action of the town- 
ship trustees had aiid done at such meeting, to the 
county superintendent of education, who shall notify 
the township trustees of the appeal, and shall appoint 
a day on which to hear and determine the same, and 
whose decision shall be final. 

3566. When hut one school in toumship, hoiv located; 
change of location. — When but one school is established 
in a township it shall be so located as to accommodate 
the largest number of pupils, and to encourage the 
building of a permanent school liouse as near the center 
of the township as possible, whenever it can be done 
without material injury or inconvenience to the children 
within the educational age; but such location may be 
changed by the township trustees from year to year,, 
in order to provide for those who were not in reach of 
the school in previous years; and in the location of pub- 
lic schools, township trustees must have reference to the 
population and) neighborhood, paying due regard to any 
school house already built, or site procured, as well as 
to all other circumstances proper to be considered, so 
as to promote the interest of free public education. 



17 

3567. To tvhat regard must be had in locating schools 
and employing teachers. — In locating public schools, 
and employing teaciiers, township trustees shall have 
clue regard to such communities as will supplement the 
district fund, and to such teachers as will procure and 
teach the greatest number of pupils within the educa- 
tional age; the object of this section being to encourage 
the building up and maintaining of large schools, which 
shall continue the longest term practicable; but in no 
case shall such communities and citizens, as are unable 
and . unwilling to supplement the district fund, be de- 
prived of the benefit of the public schools. 

3568. Employing teachers, and opening schools. — 
The township tj-ustees shall in no case contract \silh 
teachers, or open schools until they have definitely de- 
termined the number and location of schools in their 
district, and the amount of money each school shall re- 
ceive from the amount apportioned to the district, nor 
shall they contract for a school of less than three schol- 
astic months, nor less than ten pupils of school age, 
if there are more than that number of each race withiu 
such age, nor more than fifty pupils to each teach ei*. 
(Amended 1901. See act below. ) 

3569. Execution of contracts with teachers, contract 
for transferred pupils. — All contracts with teachers 
shall be in writing, and shall specify the amount to Ve 
paid per month from the district fund, and shall be exe- 
cuted in duplicate, one of which shall be filed with the 
county superintendent of education for his approval 
within ten days after it has been signed; and no such 
contract shall be valid without his approval; and the 
township trustees shall also, in like manner, contract 
with teachers for transferred pupils. 

3570. Visits to schools. — The township trustees shall 
visit the schools in their district at least once during 
each scholastic year. 



18 

3571. Removal of teachers; payment of time. — The 
township trustees may, for any cause sufficient in their 
jtidgment, terminate the contract of, and remove any 
teacher; but such teacher shall be allowed pay for Ihe 
time he taught according to the terms of his contract. 

3572. Register of daily attendance. — The township 
trustees shall require the teachers of public schools to 
keep a register of the daily attendance of the pupils in 
the schools taught by them, and to submit such regis- 
ter* to them for their inspection. 

3573. Enumeration of children. — The township trus- 
tees must, during the month of July, of each odd year, 
make an enumeration of all the childi'en, white and 
black, male and female, within the educational age, in 
their township or district, and report the same in dupli- 
cate to the county superintendent of education by the 
first day of August following; and the county superin- 
tendent of education shall make to the superintendent 
of education a written report of the several enumera- 
tions made to him by the townsihip trustees by the 
fifteenth day of August! of such year. 

3574. 'Neio enumeration in certain cases. — If the 
townsliip trustees in any county or township should fail 
in any year to make the enumeration provided for in 
the preceding section, or if the superintendent of educa- 
tion of the State should have reason to believe that 
the enumeration made and returned to his office is 
fraudulent or greatly erroneous in any county or town- 
ship, and shall determine that it is for the best interest 
for the public school system that another enumeration 
be made in any county or township, he shall have power 
to procure tbe making of a new enumeration of the chil- 
dren of school age in any county or township, and shall 
pay the expense of making the same out of the fund first 
available and apportioned to the county or township in 
which such new enumeration is made, as the case may be. 

3575. Exemption from road and jury duty and poll- 
tax. — Township trustees are exempted from roaa duty, 



19 

jury duty and poll tax, so long as tliey shall continue in 
office and perform the duties thereof; and the ccrtiticate 
of the county superintendent of education shah he evi- 
dence of the fact. 



Article VI. 

TEACHERS. 

3578. Iiistrucfion as to the nature of alcoliolle drinliS 
and iiarcotics. — Every teacher shall give iui^truction as 
to the nature of alcoholic drinks and narcotics and their 
effect upon the human system, and such object shall 
be taught as regularly as any other in the public schools, 
and in every grade thereof. 

3579. How long certificates are valid. — A thicd-grade 
certificate shall be valid for two years; a secnnd-grade 
certificate for four years, and a first-grade cerr.ihcaie for 
six years, in any county in the State. (As amended.) 

3580. Register Jxcpt by teachers and suhmhred. — Ev- 
ery teacher of a public school must keep a register of the 
actual daily attendance of the pupils in his f5< Imol, and 
must submit such register to the township tiush^es for 
their inspection. 

3581. Quarterly report; not entitled to compcnmlion 
untiV forwarded. — Every teacher of a public schot)! inust, 
within five days after the end of each scholastic <^uarter, 
forward to the county superintendent of ediic.itioii, a 
complete report, setting forth the enrollment, attend- 
ance, number of transferred pupils, and from v.hat 
township transferred, the branches taught, and the num- 
ber of pupils in each, distinguishing between male and 
female, and stating whether a white or colored school; 
also the monthly pay from school revenue from the 
township in which the school is located, and from trans- 
ferred pupils, stating the township and range from 



20 

which they are transferred; also the number of days 
taught, the amount due for services from school reve- 
nues of the township, the number of visits by township 
trustees, and the name and postofflce of the teacher ; and 
such report must be sworn to by the teacher before some 
one of the township trustees, and approved by them; 
and no teacher can draw any pay for services rendered 
by him until he has forwarded his report in accordance 
with' the requirements of this section. 

3582. To be paid quarterly. — The teachers of public 
schools shall be paid quarterly, on the first Saturdays 
in January, April, July and October, or as soon there- 
after as practicable. 

(See amended Act, p. 96 this pamphlet.) 

[Schoolmaster stands iu local parentis and may, in a 
proper case, inflict corporal punishment; but is crim- 
inally liable for an abuse of his authority. — Boyd v. 
State, 88 Alabama 169; McCormack v. State, 102 Ala- 
bama 156.] 



Article VII. 

BOARDS OF education; TEACHERS'' INSTITUTES. 

( See Redistricting Act, Sec. 10, page 84, this pamphlet. ) 

3583. Board of education; how constituted; vacan- 
cies. — There shall be established in each county of the 
State a board of education composed of the county sup- 
erintendent of education, who shall be the president 
thereof, and of two teachers, either in private or public 
schools of the county, who shall be appointed by such 
superitendent at the beginning of each scholastic year, 
or as soon thereafter as practicable, and who shall hold 
oflflce during the present scholastic year, and one of 
whom shall be appointed secretary; and a majority of 
the board shall be necessary for the transaction of any 
business. The county superintendent of education shall 
have power to fill all vacancies that may occur in such 
board. 



21 

3581. MceUnys of hoard. — Such board shall meet 
quarterly' at such times and places as they may desig- 
nate; but may meet oftener when deemed advisable by 
them. 

3588. Cause for cancellation of license. — Whenever 
it shall appear tO' the superintendent of education that 
any teacher to whom a license has been issued has been 
guilty of intemperance, or of unworthy or disgraceful 
conduct, his license shall be cancelled, and his name 
stricken frcmi the registered list of teachers. (Amended.) 

3590. Teachers' iiistiHttes to he organized. — It shall 
be the duty of the board of education in each county to 
organize and maintain therein teachers' institutes, one 
for teachers wfio are white persons, and one for teachers 
who are colored persons, to be held at such times and 
places as the board may prescribe, but there shall nor 
be less thau ten licensed teachers in the county of the 
race for whom such institutes shall be organized. 

3591. Officers and memhers of institutes; no fee im- 
posed icithout consent. — The county smperintendent of 
education shall be president of such institutes, and the 
members of the board of education shall be the vice- 
presidents thereof, one of whom shcJl preside over its 
meetings in the absence of the president; the other offi- 
cers thereof may be elected. Every teacher of the county 
holding a license shall be a member of the institutes or- 
ganized for his race. But no fee or assessment shall be 
imposed on a member without his consent. 

3592. Meetinc/s of institutes. — There shall not be less 
than three meetings in each year of such institutes, one 
of which shall be held in the month of September, and 
at this meeting an address to the teachers shall be made 
by some person selected by the educational board ; and 
teachers holding licenses shall attend at least one of 
such meetings. 

3593. Bu.'^ivess of instifvtes. — The meetings of the 
institutes shall be devoted mainly to discussions and in- 



22 

structions in regard to the methods of teaching and 
disciplining schools, and to the text-books used, and 
other matters connected with the schools and school 
laws. 



Article VIII. 

DISTKICTS; SCHOOLS; SCHOLASTIC PERIODS. 

3594. School districts; establifdiment and superci- 
sion; capacity to hold property. — Every township, and 
fraction of a townshijo, whieh is divided by a K^fiite <»r 
county line, or any ri\cr, creek, mountain, oi' otlier 
barrier rendering intercourse between the different por- 
tions of the township difficult, and every incorporated 
city or town having three thousand inhabitants, or more, 
shall constitute a separate school district; and each of 
them shall be under a township superintendent as to 
all matters connected with public schools. Each town- 
ship or other school district, in its corporate capacity, 
may hold real and personal property; and the business 
of such corporations, in relation to public schools and 
school lands, shall be managed by the township or dis- 
trict trustees. (See Acts of Legislature, 1903 j 

3595. Pupils entitled tO' instruction in public schools. 
Every minor over the age of seven years shall be en- 
titled to admission into, and instruction in any public 
school of his or her own race or color in this State. 

3596. Child may not attend more than one school. 
No child who has attended a public school the number 
of days to which it- is entitled as a pupil in that school 
shall attend another during the same scholastic year, un- 
less by consent of a majority of the trustees of the town- 
ship in which such other is situated. 

3597. When non-residents entitled to school privi- 
leges. — Any parent or guardian residing in the State 
who shall pay a local or special school tax on real estate 



23 

\ allied at five hundred dollars or more, iu anj^ city, town" 
ship or separate school district, shall be entitled to the 
privilges and benefits of the public schools in such city, 
township or separate school district, for their children, 
the same as parents and guardians resident therein. 

3598. Scholastic periods. — The scholastic year shall 
begin on the first day of October of each year, and end 
on th.e thirtieth day of September of the following year; 
twenty days shall constitute a school mouth, and a 
school day shall not be less than six hours. 

3599. Public CTainiuations, and certificates of ptipiJs. 
Public examinations must be held in the public schools 
at least once in every year ; and when the board of edu- 
cation shall be satisfied that any i)upil has become thor- 
oughly educated in all the branches of free instruction 
in any one of such schools, they shall give to him or her 
a certificate to that effect. 

3600. Separate schools for the two races. — In no case 
shall it be lawful to .unite in one school children of the 
white and colored races. 



Article IX. 

APPORTIONMENT OF SCHOOL FUND; DISBURSEMENT. 

3601. Auditor certifies amount of educational fund; 
superintendent apportions. — On the first day of October 
of each year, or as soon thereafter as practicable, the 
auditor shall certify to the superintendent of education 
the amount of money which has accrued and been placed 
by him to the credit of the educational fund for the scho- 
lastic year commencing on that day, stating specifically 
the amount derived from each source, and any unex- 
pended balance there may be from the appropriation of 
the previous year to be carried forward, and the amount 
so certified shall be apportioned by the superintendent 



24 

of education, and be drawn and disbursed as provided 
bylaw. 

3602. Contingent expenses and amount for normal 
scJiooIs set apart; residue apportioned. — As soon as such 
certificate is receiA^ed by the superintendent of educa- 
tion, he shall set apart out of the general fund a sufficient 
amount to pay such expenses of the department of edu- 
cation as are by law payable out of such fund, and the 
amount necessary to cover the expenses of normal 
schools; and he shall then apportion all the balance of 
such fund as nearly as practicable, among the several 
townships and school districts in the State, as herein- 
after provided. 

3603. Amounts apportioned certified to auditor; no 
warrants drawn in excess; halance unapportioned cer- 
tified to treasurer. — As soon as such amounts have been 
set apart, and such apportionment has been made, the 
superintendent of education shall certify to the auditor 
the amount set apart for each particular purpose or ap- 
propriation, and the total amount of the apportionment 
to the several school districts in each county, and the 
auditor shall see that no warrants are drawn against 
the educational fund, for any purpose, for any amount 
in excess of the amounts so certified as set apart and 
appor-tioned ; and he shall certify to the treasurer the 
amount of the school revenue, exclusive of poll tax, un- 
apportioned by the superintendent of education ; and the 
treasurer shall set apart the amount out of au}^ money re- 
ceived from the taxes of the current year, and he shall 
keep the same separate and apart from all the other reve- 
nues, and shall not pay out any of such money except 
upon warrants for school purposes. 

3604. Interest on sixteenth section or other trust 
fund first set apart; effect of apportionment. — In mak- 
ing the apportionment of school money to the several 
districts, the superintendent of education shall first set 
apart to each township, or other school district, the 
amount due from the State thereto as interest on 



25 

its sixteentl) section tin id or other trust fund held by the 
State; and all toAvnships or otlier school districts, having 
an income from such source, or from the lease or sale of 
sixteenth section lands, shall not receive anything out 
of the balance of the educational fund to be apportioned, 
until all other townships or school districts, having no 
trust fund, shall have received from the general fund 
such amount as will give them an equal per capita ap- 
portionment with the townships or districts having 
such income. 

3605. Apportionment; basis of, and hoio made. — 
The superintendent of education shall apportion the ed- 
ucational fund to tlie respective townships or school dis- 
tricas, subject to the pro^dsions of the preceding section, 
according to the latest official returns of the enumera- 
tion of school population of the townships of other dis- 
tricts, whicli have been made to his ofifioe, and accord- 
ing to the entire number of children of school age in 
each township or school district, but when the toAmshij^ 
irustees of any township or district have failed to make 
and return the census enumeration of their township or 
district as reciuired by law, and when the superintendent 
of education lias not caused a new enumeration to be 
made, the superintendent of education shall make the 
apportionment to such township or district, according 
to the best information he can obtain as to the school 
population of such township or district; but in no event 
shall he, in case of such failure, estimate the school pop- 
ulation of any sucli district or township at more than 
the number shown by the last official report to his office. 

3606. A pporf'Kmmcnt recai'ded, and, certified to 
counti/ sapcriiitendents; irhen contracts for schools in- 
raJid. — As soon as such apportionment is completed, 
{\\Q superintendent of education shall have the same re- 
corded in his office, in books kept for that purpose, show- 
ing the aiaount which has been apportioned to each 
school district, and the source or sources from which 
the same was derived, the amount to each district, and 
the number of children in the district upon which the 



26 

apportionment was based; and he shall then furnish to 
each county superintendent of education a oeTtified copy 
from such books, showing the dividends of the educa- 
tional fund to each township or district under the lat- 
ter's supervision; and the amount so divided and certi- 
fied shall be the total amount which each of such school 
district shall be entitled to receive from the State, ex- 
cept the poll tax, during the current scholastic year; 
and no contract to pay for any school or schools for 
any district, more than the amount thus apportioned to 
it, together with such poll tax as it may receive, and such 
funds as may be in hand from any previous year, shall 
be valid against the State or township. 

3607. Poll taw received by each cotmty. — Each coun- 
ty shall receive as school money all the poll tax collected 
therein ; and the same shall be its full distributive share 
of the aggregate poll tax collected in the State. 

3608. Each township and race entitled to its poll-taw. 
Each township or otiier school district is entitled to re- 
ceive, for the support of thie public schools therein, all 
the poll-tax raised in and for such township or district ; 
and the county superintendent of education of each 
county and township trustees of each township shall 
see that the amount of poll-tax paid by white persons 
shall be applied exclusively to the maintenance of schools 
for white pupils, and that paid' by colored persons exclu- 
sively for the maintenance of schools for colored pu- 
pils. 

3609. Amount due each county apportioned and cer- 
tified to auditor. — The superintendent of education shall 
by thei tenth day of October in each year, or as soon 
thereafter as practicable, apportion to every county the 
amount of school money such county will be entitled to 
receive for the scholastic year from all sources except 
such special tax, if any, levied for school purposes in 
anj^ county; and he shall certify the same to the auditor. 

3610. County superintendents shall make pay-rolls. 
On the fifteenth days of March, June, September and 



27 

December of each year, the county superintendents of 
education shall make in duplicate, for each race sepa- 
rately,, a pay roll, showing the names of all teachers 
engaged in teaching public schools in their counties, Vs^ith 
their postoffioe address, and the estimated amount that 
will be due to each teacher at the end of the current quar- 
ter from the funds of each township and range in its 
regular numerical order; and shall append thereto aii 
affidavit that the same is correct. One of such dupli- 
cate pay-rolls shall be retained by the county superin- 
tendent, and the other he shall forthwith forward to the 
superintendent of education, who shall examine the 
same, and if found correct, it shall be approved by him 
and filed with the auditor, ( See page 96 this pamphlet. ) 

3(111. AiKlitor shall draw warrant in favor of count!/ 
i>uperintenclcnt. — The auditor shall, immediately upoa 
the receipt of such pay-roll, draw a warrant on the 
State treasurer in favor of the county superintendent of 
each county for a sum which will be equivalent to the 
amount estimated to be <lue on said pay-roll, and four 
per centum thereon, and shall file said warrant, together 
with the pay-roll upon which it is based, with the treas- 
urer, A^diereupon it shall be the duty of the treasurer to 
forward by express or exchange, at the expense of the 
State, the amount of such warrant, and the pay-roll and 
duplicate receipts for said sum, including the express 
charge or exchange premium, if any. The county super- 
intendent of education must immediately upon receipt 
ol" said sum, sign the duplicate receipt and return one 
U) the treasurer, who shall attach it to the appropriate 
warrant, and the other shall be returned to the au- 
ditor. 

3t)12. Tencliers paid a)id receipts taken. — Immedi- 
ately, upon the receipt of the county superintendent of 
the amount of the quarterly or monthly pay-roll, he shall 
]>ay the teachers, taking their receipt therefor on both 
copies of said pay-roll, and must by the fifteenth day of 
Janujiry, April, July and October, return one copy 
of such receipted pay-roll to the superintendent of edu- 
cation. 



28 

3613. Auditor must prepare blanks. — The auditor 
must prepare the necessary blank pay-rolls, receipts and 
warrants to be used in carrying out the provisions of 
this article. 

3614. Where teachers are paid monthly. — In those 
counties and separate school districts where teachers are 
required by law to be paid monthly, it shall be the duty 
of the county superintendent, or the superintendent of 
the separate school district, as the case may be, to make 
out and forward to the superintendent of education on 
the twentieth day of every month, a pay-roll as provided 
in this article, and the superintendent of education, the 
auditor and the treasurer shall each, severally, perform 
all the acts and duties required of them in this article as 
in other cases. 

3615. Balance in hands of county superintendent 
charged to him. — Upon the return of the receipted pay- 
roll to the superintendent of education, if it should ap- 
pear that there is a balance in the hands of the county 
superintendent, the amount of such balance shall be 
charged tO' him and shall be deducted from the auKjunt 
of the next quarterly or monthly pay-roll. 

3616. County superintendent failing must he re- 
moved. — Any county superintendent, or superintendent 
of any separate school district, who fails to make and 
return any pay-roll required by this article, or who fails 
to sign and return the receipts herein provided for, or 
Avho fails to pay the teachers within fifteen days after 
the receipt by him of the money, or who fails to return 
the receipted pay-roll, must be removed from offlce by 
the superintendent of education. 

3617. Apportionment and expenditure of local school 
money. — All local school funds, raised for the support of 
public schools, by taxation or otherwise, shall be appor- 
tioned and expended in the district or districts in and for 
which the same were raised, under such rules and regu- 
lations as the township trustees, or other local authority 



29 

provided by \a^\v, may prescribe; but this section shall 
not be construed to repeal any proAdsion for the appor- 
lioument and disbursement of the moneys mentioned iu 
l]iis chapter, or provided for in special or local laws; 
and all funds contri])uted by private parties, or other- 
wise, to such district shall be applied as indicated in the 
j^rant from such contributors; and no school moneys, 
distributed to the various counties from the State school 
revenue shall, either directly or indirectly, be paid for 
the erection of school houses, for the use of schoolroom 
furniture, or any other contingent expenses of schools. 

3618. Apportionment of income from trust fund 
tohen township divided. — Whenever a township, which 
has income from a trust fund, is divided by a State or 
count;v line, or otlierwise, into separate districts, or in- 
cludes a city which is a separate school district, such in- 
come must be divided between, and apportioned to eacii 
school district in such township according to the school 
population of each. 

3619. Funds unused for tioo years apportioned hy 
county superintendent. — The county superintendent of 
education shall, in the same manner as the superintend- 
ent of education is required to apportion the general 
school fund, apportion among the school districts under 
his supervision all funds received by him for any partic- 
ular school district or race which have remained unused 
by such district or race for two years; and he shall make 
a report of such apportionment to the superintendent of 
education as soon thereafter as practicable. 

3620. Fund once apportioned, not used for other pur- 
poses until reapportioned. — Funds which have accrued 
and have been api)ortioTied to any district or race, shall 
not bo used for the benefit of any other district or race, 
until the same shalljiave reverted to the general fund, 
and been reapportioned under the provisions of the last 
preceding section. 

3621. What part of income netv districts are entitled 
to. — Whenever any separate school district is created, 



30 

wliicli shall embrace parts of two or more townships, 
such district shall receive its proportionate share of the 
income from any trust fund belonging to either or both 
of such townships, according to its school population. . 

3622. Contingent fund for department of education. 
The State treasurer shall annually set apart, out of any 
money in the treasury not otherwise appropriated, the 
sum of one thousand dollars, as a contingent fund for 
the department of education; and whenever it shall be- 
come necessary to draw on such fund, the superintend- 
ent of education shall certify the amount necessary, and 
for what purpose, to the auditor, who shall draw his war- 
rant on the treasurer for such amount. The superin- 
tendent of education shall keep an accurate account of 
all sums which he shall certify to be paid out of sucli 
contingent fund, and shall furnish an itemized statement 
thereof to the Governor each year, with his annual re- 
port. 

3623. Unexpended part of such fund credited to newt 
year. — At the close of each scholastic year, any part of 
the appropriation for the educational contingent fund, 
which may not be then expended, shall be carried for- 
ward by the auditor and superintendent of education, 
and placed to the credit of, and become a part of the one 
thousand dollars appropriated for the educational con- 
tingent fund of the next succeeding year. 



Article X. 

TOWNSHIP CORPORATIONS. 

3624. Incorporation of toum ships. — The inhabitants 
of each township in the State are incorporated by the 

name of "Township , in range ," according to 

the number of survevs of the United States. 



31 

Article 11. 

SCHOOL lands; lease and sale. 

3625. What are school lands, and in irhom vested. — 
School lands, within the meaning of this code, are siec- 
tions numbered sixteen, in every township, granted by 
the United States for the use of schools in the township, 
and such other lands as may have been granted to any 
township for the use of schools ; and all school lands are 
vested in the State, in trust to execute the objects of the 
grant. 

3626. Tiinher lots reserved. — The township trustees, 
after the surveys and plats provided for in this article, 
may select such lots as they may think proper, to reserve 
from cultivation for the benefit of the timber thereon, 
and must mark the same "resen-ed'' on the plat thereof. 

3627. Other lands leased ; terms of lease. — The town- 
ship trustees may lease for not exceeding five years, the 
lots so laid out and not reserved, and may stipulate for 
such improvements as they may deem expedient, and 
may require, if they think proper, security for rents and 
improvements, the rent is to be paid annually, but in 
case of improvements, they may stipulate for the rent to 
commence after the commencement of the lease. 

3628. Rent payable to the toimiship. — All notes, 
bonds and contracts for the lease of school lands are to 
be made payable to the township by its corporate name. 

3629. Lands rented at public auction : notice. — All 
school lands must be leased, at some place in the town- 
ship at public auction; and at least six weeks' previous 
notice must be given by advertisement at three public 
places in the township, designating the time and place; 
and such other notice may be given as the township trus- 
tees may deem expedient. 

3630. Duties of lessee.— The lessee is bound to treat 
the land, houses and improvements in a careful and hus- 



3i5 

bandmanlike manner; to commit no waste; and he must 
compl}^ with such further restrictions as the township 
trustees mmj deem expedient to insert in the lease ; and 
if such lessee, or any person claiming under him, com- 
mits waste, or fails to pay the rent, or to comply with 
any other stipulation in the lease, the township trustees 
have the right to declare the lease forfeited. 

3631. Timher lots; hoto ascd. — The lots reserved for 
timber are for the common benefit of the lessees of the 
other lots; but no timber must be cut down, injured or 
destroyed, as long as there is sufficient on the other lots, 
which the township trustees ai'e to determine; and the 
lessees must, in no case, cut down, injure or destroy such 
timber without permission from the township trustees., 
which may be given on such terms as they may think 
proper, having due regard for the interest of the town- 
ship. 

3632. Penalty for injuries to timber. — Any person 
who, without authority, cuts down, injures, or destroys, 
any tree on school lauds, shall forfeit and pay for every 
such tree ten dollars, to be recovered before any court 
having jurisdiction, in the corporate name of the town- 
ship. 

3633. Fines paid into the treasury for school fund. 
All flues and forfeitures under the preceding section 
shall be paid into the State treasury, and added to the 
principal of the school fund of the township. 

3634. Report of income from school lands. — When 
any part of the sixteenth section or other school lands in 
any township has been rented or leased, it shall be the 
duty of the township trustees to report at once to the 
county superintendent in writing a description of the 
lands, to whom rented or leased, the time when due and 
how the payment is secured. It shall be the duty of the 
county superintendent, as soou as this report is received 
by him, to file the same in his office, and to report to the 
supeirintendent of education all the facts contained in the 



33 

report of the township trustees. It shall be the duty of 
the township trustees when money is paid to them on 
such rentings or leases to report at once the amount, and 
on what account paid, to the county superintendent, 
whose duty it shall be to report the same to the superin- 
tendent of education, being careful to give the unmber of 
the township and range and for what year the rental or 
lease money was paid. 

3635. Election as to sale of school lands. — The town- 
ship trustees of any township may, on giving twenty 
days' notice by advertisement in three of the most public 
places therein, hold an election to ascertain the sense of 
the township respecting the sale of school lands belong- 
ing thereto, and may appoint the plaice where such elec- 
tion is to be held; and three inspectors to manage the 
same. 

[Tankersly v. State Bank, 6 Ala. 277.] 

3636. Oath of inspectors of election. — The inspectors, 
before holding such election, must take an oath to con- 
duct the same fairly, which may be administered by one 
to the other ; and they must appoint clerks. 

3637. Absence of inspectors. — If any inspectors are 
absent, those present may supply their places, and if 
none attend, any three freeholders or householders of 
the township may act. 

3638. Polls. — The polls are to be opened at eleven in 
the morning and closed at five in the afternoon. 

3639. Manner of voting. — Voters may prepare their 
own ballots, notwithstanding any general la.w to the con- 
trary, and must write thereon, ''Sale," or "No Sale," and 
deposit them in the ballot box; and the inspectors, after 
ascertaining the result, must certify the same to the 
township trustees, who must declare the result. 

3640. If majority for sale, surrey made, and mini- 
mum price fixed. — If, on such election, a. majority of the 

2 



34 

legally qualified voters of the township, voting thereat, 
are in favor of a sale, the township trustees must have 
the lands surveyed and divided into lots so as to com- 
mand the highest price, have a plat of such survey made, 
and, being sworn to fairly value such lots, fix a minimum 
price upon each, 

3641. Plat to he kept open to inspection. — Such plat, 
Avith the minimum price marked upon each lot, is to be 
kept by the township trustees open to the inspection of 
all persons desiring to examine the same. 

3642. 'Notice of sale. — As soon as the lands are sur- 
veyed, the township trustees must give thirty days' ^no- 
tice of the time and place of sale by advertisement at 
three public places in the township and in such other 
mode as they may think proper. 

3643. Sale at piiblic auction; terms of sale. — On the 
day appointed for the sale, between the hours of eleven 
in the morning and two in the aftrnoon, each lot must 
be offered separately, and sold at public auction to the 
highest bidder at or above the minimum price. If such 
minimum price is fifty dollars, or under, the sale must 
be for cash ; if the minimum price is over fifty dollars, 
but not more than one hundred and fifty dollars, the sale 
must be on a credit of one year, unless the amount bid 
for the lands should exceed one hundred and fifty dol- 
lars, in which event the sale must be on a credit of one 
and two years, in equal annual installments; if the min- 
imum price or the amount bid for the lands, is one hun- 
dred and fifty dollars, or over, but less than three hun- 
dred dollars, the same must be on a credit of one and two 
years, in equal annual installments; if the minimum 
price, or the amount bid for the lands is over three hun- 
dred dollars, but! less than five hundred dollars, the sale 
must be on a credit of one, two, and three years, in equal 
annual installments; and if the minimum price, or the 
amount bid for the lands, is five hundred dollars, or more 
the sale must be on a, credit of one, two, three and four 
years, in equal anual installments; when the sale is on 



oO 



. a credit the purchaser must give his notes, with two or 
more sureties, approved by the township trustees, pay- 
able to the State of Alabama, for the use of the township, 
designating it by its number and range, and specifying 
by the legal subdivisions, the particular portion or por- 
tions of the section for which the notes are given. All 
notes for purchase of school lands, sold under the pro- 
visions of this article, must bear interest at the rate of 
eight per cent, per annum from date. 

3644. Provisions directory. — The provision of this 
article in relation to the sale of school lands, must be 
coi stinied as directory only. 

3645. Report of sale, disposition of purchase money 
and notes. — The township trustees, within twenty days 
after such sale, must make return thereof to the superin- 
tendent of education, specifying the date of the sale, the 
names of the purchasers, the quantity and a particular 
description of the land sold to each, the price paid, or to 
be paid, by each purchaser, and the amount of the pur- 
chase money retained to defray tlie expenses of the sur- 
vey and sale ; and they must, at the same time, pay over 
to the superintendent of education all the money which 
may have been received by them as purchase money for 
such lands, after deducting such amount as they may be 
allowed by law to retain to defray the expenses of the 
survey and sale ; and also, at the same time, turn over to 
the superintendent of education all notes which may 
have been taken by them for such lands ; and the superin- 
tendent of education must give them a receipt for such 
money and notes, and file the return and notes in his 
office and make proper record of the notes. 

3646. Resale of lands.— If any purchaser fails to 
make the payment, or to give notes with approved 
sureties, as required, the land bid off to him must be 
immediatelv resold, if practicable, but if it is not prac- 
ticable to make the resale at once, it must be advertised 
and resold at a future day, as if no sale had been made; 
and the first purchaser shall be responsible for the differ- 



36 

ence between his bid and the amount for which the land, 
is subsequently sold, if such amount is less than the bid 
of such first purchaser. 

3647. Certificate of purchase. — The township trus- 
tees on receiying from the purchaser the cash payment, 
and his notes for the deferred payments, must give to him 
a certificate of purchase, describing the land purchased, 
and showing the number of acres, and; the amount of the 
purchase money. 

3648. Effects of certificate of purchase. — Such certi- 
ficate conveys to the purchaser, his heirs, or assigns, a 
conditional estate in fee, to becomei absolute on the pay- 
ment of the purchase money and interest, and to revert 
to the State for the uses originally granted in the follow- 
ing cases: 

1. "^Vhen all the notes have become due, and the 
makers have left the State, or died insolvent. 

2. Wheu a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, 
and execution has been returned "no property" by the 
proper officers of the county in which the township lies ; 
or when judgment is had, and execution returned against 
any one or more or such makers "no property," and the 
others have left the State, or died insolvent, 

3649. Revesting of title; clerk to certify facts; pen- 
alty for failure; costs. — No prooeeding is necessary to 
revest the title in the State on the happening of the 
events specified in the preceding section, but such lands 
may be recovered in the name of the State, for the use 
of the township, against any person in poissession of the 
same, upon proof of the facts; and it is the duty of the 
clerk of tine court in which the suit was pending, or the 
judgment recovered, to certify the facts to the superin- 
tendent of education, on the happening of the events 
specified in the second and third subdivisions of the pre- 
ceding section, and falling to do so mthin a reaisonable 
time he forfeits the sum of one hundred dollars; one- 



half to the person suing for the same, and the other to 
the State for the use of he township. When no money 
is recovered in suits on notes for the purchase money of 
school lands no cost must be taxed against the township 
for such suits. 

3650. Compensation to toicn.ship trustees; penalty 
for certain defaults. — For holding- the election and mak- 
ing the sale ais provided in this article, the township 
trustees shall be entitled to two dollars each, which, to- 
gether with the amount which may be allowed by law 
to the county surveyor for making the surveys and plats 
herein provided for, shall be retained by them out of the 
purchase money for the lauds; and purchasers shall, in 
all cases, pay enough cash to defray such expenses; and 
if the township trustees fail to return the sale, or pur- 
chase money notes, or to pay over the money received on 
account of purchase money, to the superintendent of ed- 
ucation, as re(iuired by law, he shall forfeit one hundred 
dollars, one-half to the person suing for the same, and 
the other to the State for the use of the township; and 
on the trial, the certificate of the superintendent as to 
such failure is presumptive evidence thereof. 

3651. Fines go to school fund.— The amount received 
by the State upon recoveries, had under the last two pre- 
ceding sections, is to be added to the principal of the 
school fund of the township. 

3652. Patent. — A patent issues, on the payment of 
the purchase money, to the purchaser, his heirs, or as- 
signs, and when the patent is to the heirs, it vests a title 
in all persons entitled to claim in that capacity under 
the provisions of this code. 

3653. Issue of patent hy Secretary of ^tate; correc- 
tion or mistake. — The Secretary of State must issue pat- 
ents, upon satisfactory evidence furnished him of full 
payment of purchase money, to any person, agent or 
officer, legally authorized to receive such payment ; and 
upon proof of a mistake in the issue of any patent, he 



38 

must correct the same, or issue a new patent on the re- 
turn of the original to his office. 

3654. Issue of patents in other cases. — Except under 
the provisions of the preceding section, no patent must 
issue without the certificate of the superintendent of ed- 
ucation that the whole amount of the purchase money 
specified in the certificate, Avith all interest thereon, has 
been paid. 

3655. Collection of past-due notes. — All notes for 
school lands deposited with the superintendent of edu- 
cation, if not paid within six months after maturity, 
must be placed with the attorney-general for collection ; 
but this section shall not be so constructed as to prevent 
the superintendent of education from ordering suit on 
notes at any time after maturity, when so ordered by the 
township trustees, or the sureties on the notes. 

3656. Appointment of agents for collection of notes. 
The attorney-general may appoint agents for the collec- 
tion of such notes, beng responsible for any neglect on 
the part of such agents. 

3657. Township credited with collection on notes. 
All collections on notes given for the sale of school lands 
must be paid intO' the treasury of the State, to the credit 
of the proper township. 

3658. Proceeds of school lands covered into the treas- 
ury; faith and credit of the State pledged for payment 
of interest. — All funds now in the State treasury derived 
from the sale of sixteenth section or other school lands, 
or which may hereafter accrue from: sales of such lands, 
together with the redemption money of other lands in 
which former accumulations have been invested under 
an act approved March 1, 1881, entitled "An act to au- 
thorize the compromise and settlement of claims for 
school lands in this State," are covered into the State 
treasury and made available for general purposes; and 
the faith and credit of the State is pledged for the pay- 



39 

ment of the interest ou such fund to the public schools 
of the State, at the rate of six per cent, per annum. 

3C59. Bonds when lands about to he sold are leased. 
When anj township trustees are about to sell or lease 
any school lands, they must give bond with sufficient 
sureties, payable to the State, in a sum to be fixed by 
the county superintendent of education, equal to the 
value of the school lands or the amount of tlie school 
funds of their townsliip, and with condition to discharge 
their duties faithfully so long as they may continue in 
office or discharge the duties thereof, which bond must 
be approved by the county superintendent of education 
and by him filed in his office. 

3660. By whom duties as to lands perform wJien 
toicnship divided. — When a township is divided into two 
or more school districts the county superintendent of ed- 
ucation, in appointing township trustees in such town- 
ship, shall designate which of them shall discharge the 
duties and exercise the powers conferred upon township 
trustees touching the leasing, selling and control of 
school lauds in each school district. 



Article XII. 

LEASE AND SALE OF SCHOOL INDEMNITY LANDS. 

3()61. aSV/7p of school indemnity lands authorized. — 
The superintendent of education is authorized and em- 
powered to sell and dispose of all the lands whcli have 
been heretofore or may hereafter be certified by the State 
for the use and benefit of the several townships in which 
there was a deficiency in the amount of land originally 
certified in thet State for their benefit, subject to the ap- 
proval of the Governor. 

3662. Proceeds of sale; hoio disposed of. — The pro- 
ceeds arising from such sales, after the payment of all 
proper costs and expenses thereof, shall be, by the super- 



40 

intendent of education paid into the State treasury to 
the credit of the township to wliich the same may belong, 
in tlie proportion of their interest therein. 

3663. Notes taken hi/ superintendent of education 
held until paid; tvhen placed tvith the attorney-general. 
All notes taken by the superintendent of education for 
the purchase of such lands must be held by him until the 
same are due, and if not then paid, may be placed with 
thei attorney-general for collection. 

3664. Manner and terms of sale. — Such sales may be 
made from time to time, at public or private sale, as in 
the judgment of the superintendent of education shall 
best promote the interest of the school fund of the State, 
and shall be for cash, or part cash and part on timie, as 
the superintendent of education and the governor may 
deem best; but in no case shall there be less than one- 
fourth of the purchase money paid in cash, and the re- 
mainder shall be payable in yearly installments to ex- 
tend over a. period of not more than three years, and 
shall be secured by notes wth sureties to be approved by 
the superintendent of education and shall bear interest 
from the date of the sale. 

3665. Lease of school indemnity lands. — The super- 
intendent of education may, mth the approval of the 
Governor, lease out any of such lands for a term not ex- 
ceeding live years, or may enter into contracts permitting 
persons to mine ore, coal or other minerals therefrom, 
upon a royalty, for a term not exceeding twenty years; 
and the net proceeds of all moneys received from the 
lease' of such lands, or as a. royalty for the minerals 
mined therefrom, shall at the end of each fiscal year be 
paid into the State treasury to the credit of the town- 
ships to which such lands belong, in the proportion of 
their interest therein. 

3666. Provisions applicable. — The provisions of the 
preceding article relating to trespasses upon school land 



41 

resale, certificate of purchase, revesting title, patent, and 
the collection and application of proceeds of sales, apply 
to sales under this article so far as applicable. 



LAWS NOT IN CODE OF 1896. 

An Act 

To establish a uniform system for the examination and 
liciensing- of teachers of public schools. Approved 
February 10, 1899 ; amended February 8, 1901. 

Section 1. — Be it enacted hij the General Assembly of 
Alabama, That there shall be constituted a, State Board 
of Examiners, to be composed of the Superintendent of 
Education, who shall be President of the Board, and two 
other persons to be appointed by him, who shall be teach- 
ers of extensive experience and recognized ability. The 
term of office of said board shall be co-equal with that of 
the superintendent of education. 

Sec. 2. {As Amended) . — Be it further enacted, That 
the said State Board of Examiners shall meet during the 
months of November and May of each year, and shall 
prepai'e questions for the examination of teachers . 

Sec. 3. (As amended). — Be it further enacted, That 
the President of the State Board of Examiners shall 
cause lists of the questions so prepared to be printed, and 
shall on or before the 1 5th day of December and June of 
each year send to each person appointed to conduct ex- 
aminations in the counties of the State a sufficient num- 
ber of the lists of questions so prepared and printed for 
the conducting of the examinations in their respective 
counties as hereinafter provided; that the questions so 
sent shall be enclosed in a sealed envelope, on the back of 
which shall be plainly written or printed the words, 
"Questions for the examination of teachers." The seal 
of said envelope shall not be proken except as herein- 
after provided. 

Sec. 4. (As amended). — Be it further enacted, That 
the first Mondays in January .and July be appointed for 



42 

the examination of teachers. The examination may be 
continued from day to day for three consecutive days, if 
such continuance shall be necessary for the completion 
of the work of examination, but no examination shall be 
begun on any other day than the first day mentioned in 
this section. No examinationj shall be held at any other 
time. Provided, that the State Board of Examiners may 
hold, at the Department of Education in Montgomery, 
special examinations for the benefit of persons who are 
prevented from taking the regular examinations by sick- 
ness, absence from the State, or other unavoidable cause. 
Each person taking a special examination shall pay the 
State Board of Examiners a fee of five dollars. Special 
examination shall be^ equal in all respects to the regular 
examination. Provided, further, that in order to accom- 
modate normal school pupils who- are required by this 
act to take State examination, the State Board of Exami- 
ners may hold at such times and places as they may, deem 
advisable an examination for these pupils, and at such 
examination the regular fees shall be paid by applicants, 
and no person not a bona fide matriculate of a normaJ 
school shall be admitted to the examination. 

Sec. 5. (As amended). — Be it further enacted^ That 
the regular examination shall be conducted in each 
county by the county superintendent of education of the 
same, unless for good and substantial reasons the said 
State Board of Examiners shall deem it best to select for 
this service another person appointed for that purpose 
by the State Board of Examiners, and if he shall be una- 
ble, by reason of sickness, or other unavoidable necessity 
to conduct the same, then by some other competent per- 
son appointed for that purpose by him. Said examina- 
tion shall begin at 10 o'clock a. m., of the day appointed 
by Section 4 of this act at which hour the person ap- 
pointed to conduct the examination shall, in the pres- 
ence of the applicants for the examination, break the 
seal of the envelope containing the lists of questions, and 
shall distribute the questions among the applicants. All 
the applicants shall undergo the examination in the 
same room, or in sight of the person appointed to con- 
duct the examination. Provided, that the provisions of 



43 

this act referring to the special examination of normal 
school students shall apply only to those who had grad- 
uated prior to the passage of this act. 

Sec. 6. (As amended), — Be it further enacted, That 
each applicant for examination shall, before entering 
upon the examination, deposit with the person appoint- 
ed to conduct the examination an examination fee as 
follows. All ajjplicant for a third grade certificate, a fee 
of one dollar; an applicant for a second grade certificate, 
a fee of one and a half dollars; and applicant for a first 
grade certificate, a fee of two dollars; an applicant for a 
life certificate, a fee of three dollars. The fees received 
from the examination of teachers at regular examina- 
tions shall be paid into the State treasury to the credit 
of the educational fund, and the State auditor shall, on 
the requisition of the superintendent of education, issue 
warrants on the State treasurer to be paid out of the ed- 
ucational fund, for the purpose of carrying out the pro- 
visions of this act, such as the payment of expenses for 
postage, for expressage, for clerk hire, for State Board of 
Examiners only; for the per diem of the State Board of 
Examiners, for paying county conductors and for other 
incidental expenses incurred in carrying out the provis- 
ions of this act. The appointed members of the State 
Board shall receive five dollars per day, including Sun- 
dsiys, for the time they are engaged in conducting the 
examination of teachers under this act. The county su- 
perintendent or person appointed to conduct the examin- 
ation in each county shall receive ten dollars for his ser- 
vices in conducting each examination. Provided, that 
as the available educational fund was apportigned Octo- 
ber 1, 1900, an amount equal to the balance after deduct- 
ing the expenses received from the examination fees, 
since March 1, 1899, shall be immediately available from 
the educational fund for the purpose of paying the ex- 
penses provided for in this act. 

Sec. 7. Be it further enacted, That teachers on ex- 
amination shall not be permitted to sit near enough to 
each other to read each other's papers, and no teacher on 
examination shall receive any assistance from any 
person, or by reference to any book, map, chart or from 



44 

any source, and nO' person shall be licensed to teach who 
shall endeavor to procure any assistance. And each 
teacher so examined shall, upon the completion of his ex- 
amination, sign a statement that he has not received any 
assistance in said examination from any source; which 
statement shall be kept on file by the county superin- 
tendent of education. 

Sec. 8. (As amended). — Be it further enacted. That 
unless the applicant is known to the person appointed to 
conduct the examination to be of good moral character, 
or shall make satisfactory proof of the same, which proof 
shall be in writing, he shall not be admitted to the ex- 
amination. Any one who habitually uses profane lan- 
guage or intoxicants shall be deemed of immoral char- 
acter. 

Sec. 9. (As amended). — Be it further enacted, That 
there shall be grades of teachers' certificates, besides the 
life certificate hereinafter provided, to be known as cer- 
tificates of the first, second and third grades, each of 
which must show the branches in which the holder has 
been examined, his relative attainments therein and his 
general average. In no case shall an applicant for a cer- 
tificate receive the same who fails to answer fifty per 
cent, of the questions propounded in any branch and 
whose general average is below seventy-five per cent. 
Every teacher in the public school must obtain a certifi- 
cate prior to his employment. 

Sec. 10. — Be it further enacted. That applicants for 
third grade certificates shall be examined in the follow- 
ing branches:* Orthography, reading, penmanship, 
grammar, practical arithmietic through fractions, prima- 
ry geography, and the elementary principles of physiolo- 
gy and hygiene [See page 78 of this pamphlet] ; and ap- 
plicants for second grade certificates shall be examined 
in all the foregoing branches, and also in practical arith- 
metic, ' history of Alabama, history of the United 
States, English grammar and composition, and in- 
termediate geography; and applicants for first 
grade certificates shall be: examined in all the fore- 
going branches and also in algebra, natural philosophy, 
geometry, the school laws of Alabama, and theory and 
practice of teaching. 

Agriculture was added to the third grade branches Oct. 10, 1903. 
(See page 78 this pamphlet.) 



45 

Sec. 11. — Be it further enacted, That in all examina- 
tions nnder this act the answers shall be written on legal 
cap paper with pen and ink. The subject or branch 
shall be plainly written on the top of the page, and the 
ansA^'ers shall be numbered to correspond with the ques- 
tions. 

Sec. 12. (As amended). — Be At further enacted, That 
when an applicant shall have completed his examination 
he shall write his name and address on each paper of the 
same, and deliver the same to the person appointed to 
conduct the examination, who shall enclose the papers of 
each applicant in a separate envelope, together with his 
certificate of good moral character of the applicant or 
the written proof of he same, on which he admitted the 
applicant to examination, and shall transmit the same 
to the Secretary of the State Board of Examiners with- 
out delay. 

Sec. 13.— i?e H further enacted. That the State Board 
of Examiners shall examine the papers coming to it un- 
der the provisions of the preceding section, ais expedi- 
tiously as possible, and shall mark upon each paper the 
teachers' grade in that branch according to the correct- 
ness or approximate correctness of the answers, and if, 
upon such examination, it appears that the applicant is 
entitled to receive a certificate, the Secretary of the 
Board shall prepare a certificate in conformity Avith Sec- 
tion 9 of this act. Said certificate shall be signed by the 
Secretary of the State Board of Examiners and the Su- 
perintendent of Education and shall be transmitted to 
the teachei'' entitled to the same. 

Sec. 14. (As amended). — Be it further enacted, That 
all examination papers shall be kept on file in the office 
of the Superintendent of Education subject to public in- 
spection for six months. That any person who purloins, 
steals, buys, receives, sells, gives or offers to buy, give or 
sell any examination questions or copies thereof before 
the date of the examination for which they had been pre- 
pared, shall be guilty of a misdemeanor, and upon con- 
viction thereof, shall be fined not less than one hundred 
dollars, and may also be sentenced to hard labor for the 
county for not less than six months. 



46 

Sec. 15. — Be it further enacted. That certificates 
granted under the provisions of this act shall entitle 
their holder to teach in the public schools of any county 
in this State for the following periods of time : A third 
grade certificate, two years; a second grade certificate, 
four years; and a first grade certificate six years from 
the date of issuance of the same. 

Sec. 16. (As amended). — Be it further enacted, That 
no teacher shall be granted a second grade certificate 
more tham twice. 

Sec. 17. — Be it further enacted, That lohenever any 
teacher applying for a certificate shall make proof that 
he has been engaged for ten years in teaching under first 
grade •certificates, which proof the county superintend- 
ent of education shall transmit to the State Board of Ex- 
aminers, and shall show a high degree of proficiency and 
professional attainment, such teacher may be granted a 
life certificate, signed as prescribed for other certifi- 
cates ; Provided, that any teacher holding a, life certifi- 
cate shall forfeit the same by leaving off the business of 
teaching for five consecutive years. 

Sec. 18. — Be it further enacted. That the Superintend- 
ent of Education shall have the power, and it is hereby 
made his duty to revoke the certificate of any teacher 
who shall be guilty of immoral conduct, or unbecoming 
or indecent behavior. 

Sec. 19. (As amended). — Be it further enacted, That 
the Secretary of the State Board of Examiners is hereby 
required tOi keep a register of all teachers examined and 
licensed under this act, showing the name and postoffice 
address of each teacher and the date and grade of his cer- 
tificate, and keep the same on file in the office of the 
State Superintendent of Education, and he shall devote 
his time, when not engaged in the work of examining 
teachers, to clerical work in the Department of Educa- 
tion. 

Sec. 20. (As amended). — Be it further enacted. That 
the provisions of this act as to the time of holding ex- 
aminations shall not be effective until the first day of 
April, 1901; provided, that the provisions of this act 
shall not be construed as to^ apply to separate school dis- 



47 

tricte of two thousand inhabitants or more, having au- 
thority at present by their charters to examine their 
teachers. 

Sec. 21. (As amended). — Be it further enacted^ That 
all la\AS and parts of laws, both general and special, in 
conflict with the provisions of this act, are hereby re- 
pealed. 



RULES OP THE STATE BOARD OP EXAMINERS. 



(These rules are based on the Attorney- General's in- 
terpretation of the law.) 

Pirst. — The provisions of the examination law do not, 
apply to separate school districts of two thousand inhab- 
itants or more, having authority Pebruary 8, 1901, by 
their charters to examine their teachers. 

Second. — Teachers in State schools, acting under spe- 
cial charters giving exclusive control of such school to 
their boards of trustees, are not subject tO' examination 
unless the school shall receive township or district 
funds, in which case those who teach any of the common 
school branches and those who share in the distribution 
of the township or district funds shall procure a certi- 
ficate. 

Third.— All teachers in the public schools pf the State, 
regardless of diplomas held, except those exempted by 
rules 1 and 2, are hereby subject to examination. 

Pourth.^ — ^All teachers in the public "schools of the 
State, whether principals or aissistants, must hold certifi- 
cates at the time they begin teaching. Contracts con- 
ditioned on the teacher's procuring a certificate at a sub- 
sequent examination are illegal, and public funds paid 
under them will be charged to the county superintend- 
ent. 

Pifth. — Applicants for first or second grade certifi- 
cates failing to make the necessary percentage to obtain 
a certificate in the grade applied for, but making the 
requisite percentage in the branches required for a lower 
grade certificate, may be granted such lower grade cer- 
tificate. 

Sixth. — Teachers who procure a low grade certificate 
may apply for a higher grade certificate at any subse- 
quent examination, but must take the full examination 
of the grade for which they apply; Provided, that teach- 



49 

ers who hold unexpired second grade certificates may ap- 
ph^ for a first grade by taking an examination in Alge- 
bra, Geometry, Physics, Theory and Practice of Teach- 
ing and School Laws of Alabama, (also Agriculture if 
the second grade: certificate was issued prior to January, 
1905) ; and, teachers holding unexpired third grade cer- 
tificates ma}^ be exempted from taking the examination 
on Penmanship, Orthography, Beading and Physiology 
(also Agriculture if the third grade certificate shows 
that the applicant has passed a saitisfactory examination 
in this branch) in making application for a higher grade. 
In every instance the second and third grade certificates 
must be filed with the examination papers. 

Seventh. — Special examinations at Montgomery may 
be allowed as follows : 

(a) To those applicants who were prevented from 
taking the last regular examination on account of sick- 
ness, absence from the State, or other unavoidable 
cause. 

(b) A Second or Third Grade examination may be 
allowed those First Grade applicants Avho fail, and sub- 
stituted their unexpired Second Grade certificates for 
the Second and Third Grade branches. 

(c) A Third Grade examination may be. allowed 
those applicants who make application for a higher 
grade and fail or Second Grade arithmetiCj Second 
Grade grammar, or Second Grade geography. 

In all special examinations a fee of five dollars is re- 
quired. Application blanks for these examinations will 
be furnished by the Department of Education. 

Eighth. — Whenever there is evidence from the papers 
that applicants have been in communication or that as- 
sistance has been obtained from any source, the applica- 
tions of all parties concerned will be rejected. 

Ninth. — Teachers who have taught ten years under a 
first grade certificate in Alabama, and who shall show 
a high degree of proficiency and professional attainment 
may be granted a first grade certificate for life. The 
proof of time taught shall be furnished the State Board 
of Examiners, through the county superintendent, and 
may be made as follows :, 



50 

a. By exhibiting to the State Board of Examiners 
their former licenses. 

b. By affidavit from the applicant that he has held a 
first grade license for ten years. 

PROOF OF PROFICIENCY AND PROFESSIONAL ATTAINMENT. 

An applicant for a life certificate, as evidence of profi- 
ciency and professional attainments, shall, at the time 
of the regular examination, through the county superin- 
tendent, furnish to the State Board of Examiners : 

a. A sketch not exceeding five hundred words in 
length of his school work the last ten years. 

b. A thesis on some subject pertaining to the Theory 
and Practice of Teaching, not exceeding six hundred 
words in length. The subject for said thesis shall be as- 
signed by the State Board of Examiners as questions are 
assigned to other applicants. 

c. Testimonials from three educators of recognized 
standng that he has a good character, and has shown a 
high degree of proficiency and professional attainment. 

Tenth. — In the future the State Board of Examiners 
will not grant a life certificate to an applicant who has 
not taught since February 10, 1899 ; or, to one who has 
been granted a lower grade than that of a first grade cer- 
tificate since that time, unless at some subsequent exam- 
ination the applicant was granted a first grade certifi- 
cate. 



INSTRUCTIONS REGARDING EXAMINATION 

LAW. 



Examinations will be held in each county of the State 
beginning on the first Monday in January and July and 
may continue three days. Regular examinations will be 
held at no other time. 

1. It is the duty of the State Board of Examiners to 
prepare questions and furnish them to county superin- 
tendents, to examine and grade the papers and to issue 
certificates to teachers. 

2. On the da}^ set for the examination, the county 
superintendent shall at 10 o'clock a. m., in the presence 
of the applicants^ break the seal of the package contain- 
ing the questions. He shall, unless some other person 
has been appointed by the State Board of Examiners con- 
duct the examination, unless he shall be unable to do so 
hj reason of sickness or other unavoidable necessity, in 
which case the examination shall be conducted by some 
competent person appointed by him. All appli- 
cants shall undergo the examination in the same room, 
or in sight of the superintendent or other person ap- 
pointed by him to conduct the examination. (Two 
rooms Svith connecting door or doors maybe used). 
The sum of ten dollars is allowed each county superin- 
tendent for conducting the examination. 

3. No applicant shall sit near enough to another to 
read his paper. No applicant that receives, gives or en- 
deavors tO' procure or give assistance directly or indi- 
rectly will be granted a certificate, and it is the duty of 
the county superintendent or other person appointed to 
conduct the examination to advise the State Board of 
Examiners if this rule is violated. 

4. Unless the applicant is known to the county super- 
intendent of education to be of good moral character, he 
shall make satisfactory proof of the same in writing and 



52 , 

without such proof he shall not be admitted to exam- 
ination. Any one who habitually uses profane language 
or intoxicants is, by the law, deemed of immoral charac- 
ter. The proof submitted by the applicant or the county 
superintendent's certificate must accompany the examin- 
ation report. 

5. When the examination is completed, each appli- 
cant shall sign a, certificate that he has neither given nor 
received any assistance in the examination ; which state- 
ment shall be kept on file by the county superintendent. 

6. Answers must be written on legal cap paper with 
pen and ink. (All stationery to be furnished by the 
applicant. ) That the paper in each county may be uni- 
form in size, color, quality, etc., each county superintend- 
ent is advised to procure a supply and furnish it to 
teaichers at a reasonable price. 

The subject or branch must be plainly written at the 
top of the page, and each answer numbered to corre- 
spond with the question. On each paper of his examina- 
tion the applicant must write his name and address. 
When thei examination is completed the county superin- 
tendent must immediately for^^ard the papers to the Sec- 
retary of the State Board of Examiners, at Montgomery. 
The papers of each applicant must be in a separate en- 
velope and sealed, on which should be written his full 
name, address, color, sex and for what grade applying. 
County superintendents will be allowed to deduct from 
fees received the amounts necessary to send papers to 
Secretary of Board. 

7. The county superintendent or examiner must 
make out a list of all applicants and place opposite the 
name of each applicant the grade applied for, color and 
sex of the applicant. This list must he sent under sep- 
arate corer to the Secretary of the Board of Examiners, 

8. Applicants shall, before starting upon the exami 
ination, deposit with the county superintendent or 
other person appointed to conduct the examination, fees 
as follows: For third grade, one dollar; for second 
grade, one and one-half dollars ; for first grade, twO' dol- 
lars ; for life certificate, three dollars. The fees shall be 
paid into the State treasury to the credit of the public 
school fund. 

9. Four grades of certificates will be issued, viz: 
first, second, third and life. A third grade certificate is 



53 

good for two years; a second for four years; a lirst for 
six years; a life for life. Second grade certificates will 
be issued to the same teacher but twice. Life certificates 
will be issued under rule 8. 

10. Applicants for third grade certificates will be ex- 
amined on the following branc4ies: Orthography, read- 
ing, penmanship, grammar, practical arithmetic through 
fractions, primary geography, the elementary prin- 
ciples of physiology and hygiene, and *agriculture; ap- 
plicants for second grade certificates will be examined in 
all the foregoing branches, and also in practical arithme- 
tic, history of Alabama, history of he United States, En- 
glish grammar and composition, and intermediate geog- 
raphy; applicants for first grade certificates will be ex- 
amined in all the foregoing branches, and also in alge- 
bra, natural philosophy, plane geometry, school laws of 
Alabama, and the theory and practice of teaching. 

11. The examination in penmanship will be of such a 
nature that a teacher who is familiar with any system 
can take it. 

12. Letters or papers of any other character should 
not be enclosed with answer papers. 

13. Applicants who are absent at the beginning of 
the examination must not be admitted to the examina- 
tion. 

14. Superintendents shall distribute questions on a 
given subject to all applicants at the same time, and no 
other questions shall be distributed until all who are an- 
swering these questions shall have completed and turned 
in their papers. For instance, the third grade orthogra- 
phy papers mil be distributed, and no other third grade 
questions will be distributed until all third grade appli- 
cants have completed orthography. So with the other 
subjects. The schedule sent to the superintendent or ex- 
aminer by the Board of Examiners must be strictly ad- 
liered to in conducting the examination. If an appli- 
cant absents himself from the room before any subject 
is competed he will hand in his paper on that subject, 
which will be his examination. 

15. No question prescribed by the State Board of Ex- 
aminers shall be set aside, nor shall queries regarding 

*See Paige 78 of this Pamphlet. 



54 

the interpretation of questions be answered by the coun- 
ty superintendent or (esaminer. 

16. In case the county superintendent wishes to take 
the examination, he will appoint some other competent 
person to conduct the examination, and this person so 
appointed shall have all the powers and duties of the 
county superintendent as to collecting fees, papers, etc., 
and returning the answer papers to the Secretary of the 
State Board of Examiners. It is suggested whenever a 
county superintendent takes the examination, either for 
a grade or life certificate, that he have nothing to do 
with the papers, but that he turn the matter over entirely 
to the person he appoints to conduct the examination. 

17. The Board of Examiners suggests that white and 
colored teachers be examined in separate rooms, with 
connecting doors, if' possible. 

18. It will be necessary in a majority of counties for 
the county superintendent to procure a room with desks 
for the purpose of examination. The school buildings 
or other suitable places can be easily obtained for this 
purpose. 

19. County superintendents will send to the Secretary 
of the State Board of Examiners the names of all teach- 
ers in separate school districts who are exempt from ex- 
amination under rule 1 of the State Board of Examiners, 
where these districts draw their funds through them. 

20. Under the law assistants as well as principals 
will have to procure certificates, and county superintend- 
ents are urged to see that no principal draws public 
money unless all his assistants who teach common school 
branches have certificates. This department will not ap- 
prove pay rolls for principals unless the names of their 
assistants are on the register on file in the department of 
education. 

21. County superintendents mil give notice through 
the county press, or in some other way, of the time and 
place at which the examinations will be had. 



00 

22. If it should happen that not enou^i^h papers on 
any subject have been sent, county superintendents, or 
other person appointed to conduct the examinations, will 
allow the papers to be passed among the applicants. 
STATE BOARD OF EXAMINERS: 

Isaac W. Hill, President, 
Wm. F. Feagin, Secretary, 
J. NiCHOLENE Bishop^ Member. 



An Act 



To fix the minimum length of the term of the free pub- 
lic schools in the State of Alabama. 

Section 1. — Be it enacted by the General Assembly 
of Alabama. That the free public schools of the State 
shall be kept open absolutely free of tuition fee to those 
entitled to share in the distribution of the common 
school fund, for a period of at least five scholastic 
months in each scholastic year. 

Sec. 2. — Be it further enacted. That it shall be unlaw- 
ful for any township or district trustee to make or any 
county superintendent of education to approve a con- 
tract for a less period than five months, provided that 
contracts for unexpired terms may be made for a less 
period; provided, that where it is found absolutely im- 
practicable to make the term five months, trustees may, 
with the consent of the county superintendent and the 
approval of the State superintendent of education, make 
the term for not less than four scholastic months. 

Sec. 3. — Be it further enacted, That the object of this 
act is to set the minimum length of the term for which a 
contract to teach the free public schools of the State can 
be made, and it shall be the duty of trustees and county 
superintendents to make the terms longer whenever and 
wherever it is possible. 

Sec. 4. — Be it further enacted. That all laws and parts 
of laws in conflict with the provisions of this act be and 
the same are hereby repealed. 

Approved March 5, 1901. 



56 

An Act 

To repeal section 3586 of the Code of Alabama, and to 
require holders of diplomas or certificates of 
proficiency from the State Normal Schools and 
Colleges, or from other schools and colleges, to 
undergo the State examination for license to 
teach in the public schools before teaching in the 
public schools of the State of Alabama. 

Section 1. — Be it enacted by the' General Assembly of 
Alabama^, That on and after the passage of this act Sec- 
tion 3586 of the Code of Alabama be and the same is 
liereby repeaed. 

Sec. 2. — Be it further enacted, That all holders of di- 
plomas or certificates of proficiency from the Alabama 
State Normal Schoolsi or Colleges, or from other schools 
and colleges, must undergo successfully the regular 
State examination for teachers in the public schools be- 
fore teaching the same. 

Sec. 3. — Be it further enacted, That all laws and parts 
of laiws and special laws in conflict with this act, be and 
tlie same are hereby repealed. 



An Act 

To amend Section 3602 of the Code of Alabama. 

Section ). — Be it enacted by the General Assembly of 
Alabama, That Section 3602 of the Code of Alabama be 
amended so as to read as follows, to-wit: 3602 (1005). 
Contingent expenses and amount for normal school set 
apart; residue apportioned. As soon as such certificate 
is received by the superintendent of education, he shall 
set apart out of the general fund a sufficient amount to 
pay such expenses of the department of education as are 
by law payable out of such fund, and also the follow- 
ing amounts for the normal schools, to-wit: For the 



Ul 



Normal Schools at Floreuce, Tro}', Jacksonville, and at 
Livinj;stou, J|l(),(iOO each, and for the other normal 
schools such siniis as arc provided by law; and he shall 
then apportion all the remainder of such fund, as nearly 
as practicable, among the several townships and school 
districts in the State, as hereinafter jjrovided. 

Sec. 2. — Be it farther enacted, That all laws and parts 
(►f laws in conflict with this act be, and the saine are here- 
byc] repealed. 

Approved September 9, 1903. 



FOKMS T(J HE T'SED IN THE SALE OR LEASE OF 
SIXTEENTH SECTION LANDS. 

.[No. 1.] 

NOTE GIVEN I'.Y PTtRCIIASEK OF SCHOOL LANDS. 



year after date, we either of us, prom- 
ise to pay to the State of Alabama, for the use of town- 
ship .. . , range , in county, the 

sum of dollars, with interest from date at 

eight i)er cent, per annum, for the purchase of 

(specify legal subdivsions) of section 

sixteen of said township. 

Witness our hands and seals, this dav of. 

"...[Seal] 

[Seal.] 

[Seal.] 

Approved this ] 

day of 190.. J 



Township Trustees Public Schools. 



58 

[No: 2.] 

The State of Alabama^ 

County. 

A. D. 190.. 

The undersigned, township trustees of public schools 

in and for township , range , in 

said county, hereby certify that on the .... day of 

A. D. 190. ., they proceed to sell at public outcry (ail 
the preliminary requisites of the law in reference to 

such sale having been complied with), Lot No 

being the northeast quarter of northwest quar- 
ter of section sixteen, in said township, containing 

acres, and at said sale , being the 

highest bidder, became the i:)urchaser of said tract, and 

for the sum, of dollars, for which he gave 

his several notes, each for ^. .dollars 

with interest from date of said sale, with 

and as his sureties. 



Township Trustees Public Schools. 

[No. 3.] 

REPORT OF SALE OF SCHOOL LANDS. 

To 

Superintendent of Education 

for the State of Aabama. 
The undersigned, Township Trustees of public schools 

in and for tOi\^Tiship.'. . ., range , county, 

Alabama, respectfully represent and report that on the 

.... day of 190 . . . . , they proceeded 

to sell at public outcry (all the preliminary requisites 
of the law in reference to such sale having been complied 

with), Lot No being the (the northeast 

quarter of northwest quarter of as the case may be) 



59 

acres; that at said sale 

being the highest bidder, became the purchaser of said 

ti-act, at and for the sum of dollars 

(said sum being at or above the minimum price fixed on 

said tract) for which he gave his several notes, 

each for dollars, with interest from 

date of sale at eight per cent, per annum, with 

and 

as his sureties. That said paid in 

cash the sum of dollars. The under- 
signed retained the sum of * dollars from 

such cash payment to defray the expenses of the survey 

and sale of said lauds, and the balance to-Avit: 

dollars, together with said notes 

above described, is herewith enclosed. 

All of Avhich is respectfully submitted. 

This dav of 190. . 



Township Trustees Public Schools. 

["No. 4.] 

bond to be given by township trustees about to sell 
or lease school lands. 

The State of Alabama, 
County. 

Know all men by these presents. That we 

are held and firmly 

bound unto the State of Alabama in tlie sum of 

dollars, for the payment of 

AAhich well and truly to be made, we bind ourselves and 
each of us, our and each of our heirs, executors and ad- 
ministrators, jointly and severally, firmly by these pres- 
ents. Sealed with our seals, and dated this day 

of A. D. 190... 

The condition of the above obligation is such that 
whereas, the above bound were on 



60 

the day of , appointed Town- 
ship Trustees of public schools, in and for township .... 

range in said county; and whereas, the said. . . . 

as such township trustees of pub- 
lic schools, are about to sell (or lease) school lands of 
said township. 

Now, if the said as such 

township irustees of public schools, shall discharge 
their duty faithfully, so long as they may continue in 
office, or continue to discharge any of such duties, then 
ihis obligation to be v(5id — otherwise to remain in full 
force, 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Taken and approved this, .day of A. D. 190. . 



County Superintendent of Education. 

[No. 5.] 
lease of school lands. 

The State of Alabama^ 
County. 

This agreement, made this .... day of 

A. D. 190 . . between and 

. . . , township trustees of 

public schools in and for township . . . ., range . . . ., in 

said county, and • witnesseth, 

that in consideration of dollars, to 

be paid by said to the town- 
ship trustees of public schools for said township, on the 

.... day of A. D. 190 ...... and each year 

thereafter during the continuance of the lease, for which 

the said has given] his several promissory 

notes payable as aforesaid, and bearing even date with 



61 

this instrumeut, the said township trustees have grant- 
ed, demised, leaised, and to farm let, unto the said 

, his representatives and assigns, 

section sixteen (or southeast quarter of the southwest) 
(}uarter of section sixteen, as the case may be), in said 
to^^nship, in said county and State; to have and to hold 
unto the said , his representatives and as- 
signs, for tlie term of (not exceeding five) 

years, from the .... day of 190 . . . The 

said agrees to deliver up the 

premises aforesaid Avith the appurtenances, on the last 
day of tlie term, or other earlier termination of the es- 
tate hereby granted, to the said township trustees or 
their successors in office. In witness whereof, the said 
parties have hereunto set their hands and seals the day 
and year above written. 
Attest : 

[Seal.] 

[Seal.] 

[Seal.] 

[Seal.] 

Township Trustees. 



62 

No. 164.) AN ACT (S. 127 

lY* create a Text-Book Commission, and to procure for 
use in the public schoolsi in this State a uniform se- 
ries of text books; to define the duties and powers 
of said commisssion and other officers; to make an 
appropriation for the carrying into effect this act, 
and to provide punishment and penalties for the 
violation of the same. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, That the governor, State superintendent of edu- 
cation, and three eininent teachers of the State, who 
shall have a practical knowledge of the public school 
system of the State and the methods of teaching therein, 
to be appointed by the governor, shall be and hereby con- 
stituted the School Book Commission of the State of 
Alabama, whose duty it is to select and adopt a uniform 
series or system of text-books for use in the public 
schools of this State. Said commission is hereby au- 
thorized, empowered, and directed to select and adopt a 
uniform system or series of text-books for use in the 
public schools in this State as above indicated, and when 
so selected and adopted the said text books' shall be used 
for a period of five years in all the public schools of this 
State, and it shall not be lawful for any school officer, 
director or teacher, tO' use any other books upon the 
same branches other than those adopted by said State 
Text Book Commission. Said uniform series shall in- 
clude the following branches of study, to-wit : Orthog- 
raphy, reading, writing, arithmetc, geography, gram- 
mar, language lessons, history of Alabama containing 
the Constitution of the State,' history of the United 
States, physiology and hygiene, elementary geology of 
Alabama, elementary principles of agriculture, ele- 
ments of algebra, elements of plane geometry, elements 
of natural philosophy, bookkeeping, elements of civil 
government, rhetoric and higher English, and such 



63 

other branches of study as said commission may select 
and designate; Provided, that none of said text books 
shall contain anything of a partisan or sectarian charac- 
ter. Before transacting any business relating to the 
duties of this commission they shall each take an oath 
before some person authorized to administer oaths, to 
faithfully discharge all the duties imposed upon them 
as members of said school book commission, and that 
they have no interest, direct or indirect, in any contract 
that may be made under this act, and will receive no 
personal benefit therefrom. 

Provided, further, that for cities and towns having a 
population of 5,000 or more, said commission may select 
and designate such books and such branches of study as 
the conditions existing in such cities and towns may re- 
quire. 

Section 2. — There shall be a sub-commission of five 
to be selected as follows: A president or member of 
the faculty of one of the normal schools of the State; a 
president or member of the faculty of one <of the agri- 
cultural schools; a superintendent of one of the city 
schools; and two teachers of the common schools, each 
one of whom shall be appointed by the governor. 

Section 3. — It shall be the duty of said sub-commis- 
sion to report to the commission at such time said com- 
mission shall direct, the books which they recommend 
for adopton, arranging each book in its class or divis- 
ion, and reporting them in the order of their merit, 
pointing out the merits or demerits of each book, and in- 
dicating what book they recommend for adoption first; 
what book in their second choice; and what their third 
choice, and so on, pursuing this plan, with the books 
submitted upon each branch of study, and if said sub- 
commission shall consider such books upon the same 
subject, or of the same class or division of approxi- 
mately equal merit, all things being equally considered, 
they shall so report, and if they consider any of the 
b<ioks offered are of such class as to make them inferior 
raid not worthy of adoption, they shall in their report so 
(ii^signate such books, and in said report they shall make 
(Kiich recommendation and suggestions to the commis- 



64 

sion as they shall deem advisablei and proper to make. 
Said report shall be kept secret and sealed up and de- 
livered to the secretary of the commission and said re- 
port shall not be opened by any member of the commis- 
sion until the commission shall meet in executive ses- 
sion to open and consider the bids or proposals of pub- 
lishers or others, desiring to have books adopted by said 
commissiou. Each member of said sub-commission be- 
fore entering upon the discharge of his duties, shall take 
and subscribe an oath to honestly, conscientiously, faith" 
fully, and to the best of his ability discharge said du- 
ties, and that he is not directly or indirectly in any man- 
ner interested in the proposed contract, nor in any books 
or publishing concern publishing any books of the kind 
or character contemplated for use in the public schools 
of this or any other State, and that he will examine all 
books submitted carefully and faithfully and make true 
report thereon, as herein directed and prescribed, said 
oath shall be filed in the office of said secretary of State. 
Section 4. — Said text book commission shall herein 
consider said report in its selection and adoption of the 
uniform series of text books, and shall also themselves 
consider the merits of each book, taking into considera- 
tion their subject-matter, the printing, binding, mate- 
rial and mechanical qualities, and their general suitabil- 
ity and desinability for the purpose intended as well as 
the price of said books, and they shall give great con- 
sideration and weight to the report and recommendation 
of said sub-commission; Provided, That no text-book, 
the subject matter of which is of inferior quality, shall 
be adopted by the' text book commission. Said commis- 
sion shall select and adopt such books as will, in their 
best judgment, accomplish the ends desired, and they 
are hereby authoilzed and directed, in case any book or 
books are deemed by them suitable for adoption and 
more desirable "than other books of the same class sub- 
milled, and they further consider the price at which the 
books are offered to be unreasonably high and that they 
should be offered at a smaller price, to immediately no- 
tify the publisher or offer of such book or booksi of their 
decision and request such reduction in price as they 



65 

deem reasonable and just, and if they and such pubisher 
shall agree on a price they may adopt his book or books, 
but if not they shall use their own sound judgment and 
discretion Avhether they will adopt that, or the books 
which are deemed by them next best in the list submit- 
ted, and when said text book commission shall have 
finished with the report of said sub-commission, the said 
report shall be filed and preserved in the ofiflce of the 
State Superintendent of Edncation, and shall be open at 
all times for public inspection. 

Section 5. — Bd it further enacted. That said text book 
commission shall immediately after the passage of this 
act, meet and organize, the governor being president of 
the commission and the superintendent of educaton sec- 
retary and executive officer of said commission. As 
soon as practicable, not later than thirty days after its 
organizaton, the commission shall advertise, in snch 
manner and for such length of time and at such places 
as may be deemed advisable that at a time and place 
fixed definitely in said advertisement, sealed bids or 
proposals will be received from the publishers of school 
text books for furnishing books to the public schools in 
the State of Alabama, through agencies established by 
said publishers in the several counties, and places in 
counties in the State, as may be provided for in such reg- 
ulations as said commission may adopt and prescribe. 
The bids or proposals to be for furnishing the books for 
a period of five years and no longer, and that no bid for 
a lou-ger period will be considered, said bill shall state 
specifically and definitely the price at which the books 
will he furnished, and shall be accompanied by one or 
more specimen copies of each and every book proposed 
to be furnished, and it shall be required of each bidder 
to deposit with the treasurer of the State a sum of money 
such as the ccmimission may require, not less than five 
hundred dollars, nor more than twenty-five hundred dol- 
lars, according to the number of books each bidder may 
propose to supply, and notice shall further be given in 
said advertisement that such deposits shall be forfeited 
absolutely to the State if the bidder, making the deposit 
shall fail or refuse to make and execute such contract 

3 



66 

and bond as is hereinafter required, within such time 
as the commiission may require, which time shall also be 
stated in said advertisement. All bids shall be sealed 
and deposited with the Secretary of State, to be by him 
delivered to the commission when they are in executive 
session, for the purpose of considering the same,, when 
they shall be opencid in the presence of the commission. 
Section 6. — Be it further enacted, That it shall be the 
duty of the said text book commission to meet at the 
time and place designated in such notice or advertise- 
ment and take out the sample or specimen copies sub- 
mitted, upon which the bids are based and refer and sub- 
mit these to the sub-commission as provided for and 
directed in previous section of this act, with instructions 
to said sub-commission to report back to them at a time 
specified, with their report, classification and recom- 
mendation as provided in previous section of this act. 
Whem the said report is submitted it shall be the duty 
of said text book commission to meet in executive session 
to open and examine all sealed proposals submitted and 
received in pursuance of the notice or advertisement 
provided for in Section 2 of this act. It shall then be 
the duty of said commission to examine and consider 
carefully all such bids or proposals, together with the 
report and recommendation of the sub-commission and 
determine in the manner provided in Section 1 of this 
act what book or books shall be selected for adoption, 
taking into consideration the size, quality as to subject- 
matter, material, printing, binding, and the mechanical 
execution and price, and the general suitability for the 
purpose desired and intended; provided, however. That 
all books selected or adopted shall be written or printed 
in English. After their selciction for adoption shall 
have been made, the said commission shall, by registered 
letter, notify the publishers, or proposers, to whom the 
contracts have been awarded, and it shall be the duty of 
the attorney-general of the State to^ prepare the said 
contract or contracts in accordance with the terms and 
provisions of this act, and the said contract shall be exe- 
cnted by the Governor and Secretary of State, with the 
seal of the State attached upon the part of the State of 



67 

Alabama, and the said contract shall be executed tripli- 
cate, one copy to be kept by the contractor, one copy by 
the secretary of the text book commission, and copied in 
full in the minute book of said commission, and one copy 
to be tiled in the office of Secretary of State, at the time 
of the execution of the contract aforesaid the contrac- 
tors shall enter into a bond in the sum of not less than 
ten thousand dollars, nor more than thirty thousand 
dollars, payable tO' the State of Alabama the amount of 
said bond within said limits, to be fixed by said commis- 
si(m, conditioned for the faithful, honest and exact per- 
formauce of his contract, and shall further provide for 
the payment of reasonable attorney's fees in case of re- 
covery in any suit upon the' same, with three or more 
good and solvent sureties, actual citizens and residents 
of the State of Alabama, or any guaranty company au- 
thorized to do business in the State of Alabama may be- 
come the surety on said bond, and it shall be the duty of 
the attomey-general to prepare said bond and approve 
the same; Provided, however, Tliat said bond shall not 
be exhausted by a single recovery, but may be sued on 
from time to time, until the full amount thereof shall be 
rpicovered, and the said commission may at any time, by 
giving thirty days' notice, require additional security or 
additional bond within the limits prescribed. And 
when any person, firm or corporation shall have been 
awarded a contract and submitted therewith the bond 
as required hereunder the commission, through its secre- 
tary, shall so inform the treasurer of the State, and it 
shall be the duty of the treasurer to return to such con- 
tractor the cash deposit made by him, and the said com- 
mission, through its secretary, shall inform the treasurer 
of tlie names of the unsuccessful bidders or proposers, 
and the treasurer shall upon receipt of this notice return 
to them the amount deposited in cash by them at the 
time of the submission of their bid, but should any per- 
son, firm, company or corporation fail or refuse to exe- 
cute the contract, and submit therewith his bond as re- 
quired by this act within thirty days of the awarding of 
the contract to him and the mailing of the registered 
letter containing the notice, provided the mailing of the 



68 

registered letter shall be sufficient evidence that the no- 
tice was given and received, the cash deposit will be 
deemed, and is hereby declared forfeited to the State of 
Alabama, and it shall be the duty of the treasurer to 
place said cash deposit in the treasury of the State to the 
credit of the general school fund, and provided, further, 
that any recovery had on any bond, given by any con- 
tractor, shall enure to the benefit of the said fund of the 
State, and when collected' shall be placed in the treasury 
to the credit of the said fund and be prorated among the 
several counties of the State. 

Section 7.— Be it further enacted. That the book^ fur- 
nished under any contract shall at all times during the 
existence of the contract be equal to, in all respects, the 
specimens or sample copies furnished with bids; and it 
shall be the duty of the Secretary of State to carefully 
preserve in his office as the standard of quality and ex- 
cellence to be maintained in such books during the con- 
tinuance of such contracts the specimen or sample cop- 
ies of all books which have been the basis of any con- 
tract, together with the original bid or proposal and the 
contractor shall, also, furnish each county superintend- 
ent of education like specimen or sample copies which 
shall be preserved by him in like manner, and the same 
shall always be opeu; to the inspection of the public. It 
shall be the duty of all contractors to print plainly on 
the back of each book the contract price, as well as the 
exchange price ati which it is agreed to be furnished, but 
the books submitted as sample or specimen copies with 
the original bids shall not have the price printed on them 
before they are submitted to the sub-commission. And 
the said text book commission shall not in any case, con- 
tract with any person or publisher for the use of any 
books which are to be sold to patrons for use in any pub- 
lic school in this State, at a price above or in excess of 
the price at which such book or books are furnished by 
said person or publisher under contract to any State, 
county, or school district in the United States, under 
like conditions prevailing in this State and under this 
act. And it shall be stipulated in each contract that the 
contractor has never furnished and is not now furnish- 



69 

iiig under contract any State, county or school district 
in the United States, where lil^e conditions prevail as are 
prevailing in this State and under this act the same book 
or books as are embraced in said contract at a price be- 
low or Jess than tlie price stipulated in the said contract, 
and the said commission is hereby authorized and di- 
rected, at any time they may find that any book has been 
furnished at a lower price under contract to any State, 
county or school district aforesaid to sue upon the bond 
of said contract and recover the difference between the 
contract price and the lower price at which they find the 
book or books have been sold, and in case a contractor 
shall fail to execute specifically the terms and provisions 
of his contract, said commission is hereby authorized, 
empowered and directed to bring- suit upon the bond of 
such contractor for the recovery of all damages, the suit 
to be in the name of the State of Alabama and the re- 
covery for the benefit of the public school fund, but noth- 
ing in this act shall be construed so as to prevent said 
commission and any contractor, agreeing thereto, from 
in any manner changing or altering any contract, pro- 
vided that a majority of the commission shall agree to 
the change and think it advisable and for the best inter- 
est of the public schools of this state. In all matters a 
majority of said commission shall control. 

Section 8. — Be it further enacted. That it shall be al- 
ways a part of the terms and conditions of every contract 
made in pursuance of this act that the State of Alabama 
shall not be liable to any contractor, in any manner in 
any sum whatever, but all such contractors shall receive 
their pay or consideration in compensation solely and 
exclusively deriA^ed from the proceeds of the sale of 
books, as provided for in this act. Provided further. 
That tht c<mimission shall stipulate in tlie con- 
tract for the supplying of any book a,s herein 
provided that the contractor or contractors shall 
take up the school books now in use in this 
State and receive the same in exchange for new 
books' at a price not less than 50 per cent of the contract 
price. Provided, Such exchange period shall not con- 
tinue longer than one year from the date of the contract. 



TO 

And each person or publisher making a bid for the sup- 
plying of any book or books under this act, shall state 
in such bid or proposal the exchange price at which such 
book or books will be furnished. 

Section 9. — Be it further enacted, That the text book 
commission shall have and reserve the right to reject any 
and all bids or proposals if they shall be of the opinion 
that aaiy or all should for any reason be rejected. And 
in case they fail from among the bids or proposals to 
select or adopt any book or books upon any of the 
branches mentioned in previous section of this act, they 
may readvertise for sealed bids or proposals under the 
same terms and conditions as before and proceed in their 
invesitigaition in all respects as they did in the first in- 
stance, and as required by the terms and provisions in 
this act, or they may advertise for sealed bid® or pro- 
posals from authoTS or publishers of text books who 
have manuscripts of books not yet published, for prices 
at which they will publish and furnish in book form 
such manuscripts or for prices at which they will sell 
such manuscripts, together with the copyright with such 
books for use in the public schools in Alabama, proceed- 
ing in all respects in like manner as before; and provi- 
ded, that before accepting or rejecting any manuscript, 
it shall be their duty to take the manuscript and to ad- 
vertise for sealed bids or proposals for publishing the 
the same in book form, in like manner as herein provided 
for, and under the same restriction and condition, and 
the contract may be let for the publication of all such 
books or for any one or more separately; and provided, 
further, that the State itself shall not, under any cir- 
cumstaiuces, enter into any contract binding it to pay 
for the publication of any book or books, but in the con- 
tract with the owner of the manuscript it shall be pro- 
vided that he shall pay the compensation to the pub- 
lisher for the publication and putting in book form the 
manuscript, together with the cost and expense of copy- 
righting the same; and provided, further, that in all 
cases bids or proposals shall be accompanied with the 
cash deposit of from five hundred to twenty-five hundred 
dollars as the commission may direct, and as previously 



71 

provided in this act. And it is further expressly provi- 
ded that any person, firm or corporation now doing busi- 
ness, or proposing to do business in tlie State of Ala- 
bama, shall have the right to bid for the contract to be 
awarded under this act in the manner as follows : In re- 
sponse to the advertisement! when made as herein before 
provided, sfiid x>w«on, firm, or corporation may submit 
in writing bid or bids to edit or have edited, j)ublish, and 
supply for use in the public schools iiwthis State, any 
]»ook or books herein provided for, provided that instead 
of filing said bid or propr>sal a sample or specimen copy 
of each book X)roposed to l>e furnished, he may exhibit to 
the commission a manuscript or printed form the matter 
X>roposed to be incorpriratefl in any book, together with 
such a description and illustration of the form and style 
thereof, as would be fully intelligible and satisfartor\' 
to said commission, or they may submit a book or books 
the equal of which in every way they propose' to furnish 
and they shall accompany their bid or proposal with the 
cash, deposit and execute contract and bond as hereinbe- 
fore y)rovided. 

Section 10. — Be it further enacted. That as soon as 
said commission shall have entered into a contract or 
contracts for the furnishing or suppl\ang of books for 
use in the public schools in this State it shall be the duty 
of the governor to issue his 7)roclamation announcing 
such facts to the people of the State. 

Section 11. — Be it further enacted. That the party or 
parties with Avhoin the contract shall be made shall es- 
tablish and maintain two or more depositories in the 
State, to be designated by the commission, where a stock 
or supply of the books sufficient to meet all the immedi- 
ate demands shall be kept. There shall also be main- 
tained in each county in the State not less than three 
agencies, for the distribution of the books to the patrons' 
to be located and designated by the commission and the 
contractor shall be permitted to make arrangements 
with a merchant or other person for the handling and 
distribution of the books. All br)oks shall be sold to the 
consumer at the retail contract price, and in each book 
shall l)e printed the following: (The price fixed herein 



is fixed by State contract and deviations therefrom shall 
be reported to your county superintendent of education, 
or the State superinteudent at Montgomery. ) And it is 
expressly provided that should any party contracting 
to furnish books as proviided for in this act, fail to fur- 
nish them or other^dse breach his contract, in addition 
to the right to the State to sue on the bond hereinabove 
required the county superintendent of any county may 
sue in the nameoof the State of Alabama, in any court of 
competent jurisdiction in the county in which he re- 
sides for the use and benefit of the school fund of the 
county ; Provided, that the right of action of the county 
superintendent shall be limited to breaches of the con- 
tract committed in the county of his residence, and pro- 
vided further, that in all cases under this act service of 
process may be had and deemed sufficient on any agent 
of the contractor in this State. 

Section 12. — Be it further enacted, That said commis- 
sion may from time to time make any necessary regula- 
tion not contrary to the provisions of this act, to secure 
tlie prompt distribution of the books herein provided for 
and the prompt and faithful execution of all contracts, 
and it is expressly now provided that said commission 
shall maintain its organization during the five years of 
the continuance of the contract and after the expiration 
of the same to renew such of them as they deem advisa- 
ble, or re-advertise for new bids or j)roposals as required 
by this act in the first instance, and enter into such other 
contracts as they deem for the best interests of the pa- 
trons and children of the public schools of this State; 
Pro^aded, That any contract entered into or renewed 
shall be for the term of five years. 

Section 13. — Be it iurther enacted. That as soon as 
practicable after the adoption provided for in this act, 
the State Superintendent of Education shall issue a cir- 
cular letter to each county superintendent of education 
and each teacher in the State, and to such others as he 
may desire to send it, which letter shall contain the list 
of books adopted, the prices, location of agencies, and 
manner of distribution and such other information as 
he mav deem necessarv. 



Section 14. — Be it further enaeted, That as soou after 
the passage of this act as may be practicable and the 
commission may deem advisable, the books adopted as a 
uniform system of text books shall be introduced and 
used as text books to the exclusion of all others in all 
the public free schools in this State; Provided, That 
notliin<>- herein shall be construed to prevent the use of 
supplementary books such as may be prescribed and se- 
lected by the text book commission, but such supple- 
mentary books shall not be used to the exclusion of the 
books prescribed or adopted under the provisions of this 
act; Provided, further, that nothing in this act shall be 
construed to prohibit the use in public schools of any 
text book upon any branch mentioned in any previous 
section of the act, where the commission shall select or 
adopt a book for that branch or subject; Provided, fur- 
ther, That nothing in this act shall prevent the teaching 
in any school any branch higher or more advanced than 
is embraced in any previous section of this act, nor the 
using of any book upon such higher branch of study, 
provided that such higher branches shall not be taught 
to the exclusion of the branches mentioned and set out 
in this act. 

Section 15. — Be it further enacted. That nothing 
herein shall be construed to prevent or prohibit the pa- 
trons of the public schools throughout the State from 
procuring books in the usual way in case no contract 
shall be- made or the contractor fails or refuses to fur- 
nish the bo<jks provided for in this act, at the time re- 
quired for their use at the respecive schools. 

Section 16. — Be it further enacted, That any person 
or teacher violating the provisions of this act, shall be- 
come guilty of a misdemeanor, and upon conviction be 
punislied by a fine of not less than ten dollars nor more 
than fifty dollars. 

Section 17. — Be it further enacted. That any teacher 
Avho shall use or permit to be used in his or her school 
any text book upon the branches embraced in this act, 
where the commission has adopted a book upon that 
branch other than the one so adopted, shall be guilty of 
a misdemeanor, and upon conviction punished as pro- 
vided for in Section 16 of this act. 



T4 

Section 18. — Be it further enacted, That if any local 
agent, dealer, clerk or other person handling or selling 
the books adopted under this act, shall demand or re- 
ceive for a copy of any of the books herein provided for, 
more: than the contract price, in cases where the pur- 
chase is for cash, he shall be guilty of a misdemeanor, 
and upon conviction shall for each offense be punished 
by fine of not less than fifty nor more than five hundred 
dollars. 

Section 19. — Be it furthei* enacted. That the sum of 
two thousand dollarsi or so much thereof as may be nec- 
essary to be paid out of the moneys in the treasury not 
otherwise expended, be and isi hereby appropriated for 
the purpose of paying the cost and expense of carrying 
into effect the provisions of this act. 

Section 20. — Be it further enacted. That the Governor 
and Superintendent of Education shall serve on the com- 
mission without compensation and the other members 
of the commission and the sub-commission shall be paid 
the sum of four dollars per day during thei time they are 
actually engaged, not to exceed thirty days, and in addi- 
tion shall receive ten cents per mile: for each mile trav- 
eled from their homiei to their place of meeting and re- 
turn thereto, to be paid out of the general fund, and 
they shall each make and swear to a^ statement of the 
number of miles traveled and the number of days actu- 
ally engaged. 

Section 21. — Be it further enacted. That the said sub- 
commission is authorized to appoint a clerk who shall 
have three dollars per diem during the time he is actu- 
ally engaged not to exceed thirty days, and the same 
mileage as is allowed the sub-commission. 

Section 22.^ — Be it further enacted, That the adoption 
made as provided for in this act shall continue for five 
years from the date of such adoption; Provided, The 
provisions of this act shall not apply to those counties 
that have adopted a uniform system of text books for 
their i)ublic schools and have contracted for a supply of 
such text books, until the expiration of said contracts 
respectively unless they see fit sooner to accept the pro- 
visions of this act, and provided further that no new con- 



(0 

tract sliall be made after the passage of this act by any 
county board of education, or by the board of education 
C'f any city or town in tliis State. 

Section 23. — Be it further enacted, That in case of the 
failure of any contractor to furnish the books as provi- 
ded in this contract, then his bond shall be declared for- 
feited, and the State school book commission is author- 
ized and empowered to make such other contract for the 
unexi^ired term with any person to provide such books 
as they may deem advisable for the best interests of the 
State. 

Section 24. — Be it further enacted, That this act shall 
take effect from and after its passage. 

Approved March 4, 1903. 



No. 391.) AN ACT (H. 654. 

To establish at the University of Alabama a summer 
school for teachers, and to provide an appropria- 
tion for its maintenance, and to provide for the 
examination of teachers attending said summer 
school. Whereas^ it is generally conceded that 
the greatest educational need in Alabama is a 
properly trained teaching force, therefore, 

Sectton 1. — Be it enacted hy the Legislature of Ala- 
ha ma, That the Trustees of the University of Alabama 
be and they are hereby authorized and direct<»d to estab- 
lish at that institution a school to be know^n as the Sum- 
mer School for Teachers, at which during the summer 
months instruction shall be given in all the public school 
studies, and in such other studies as may be necessary 
to better prepare teachers for efficient service in the pub- 
lic schools of the State. 

Section 2. — Be it further enacted, That for the mainte- 
nance of the said summer school for teachers, the sum 
of five thousand dollars is hereby appropriated annually 
from any moneys in the State treasury not otherwise 
expended by law. 



76 

Section 3. — Be it further enacted, That the said sum 
of five thousand dollars appropriated by this act, shall, 
on the first day of July of each year, be paid by the State 
Treasurer to the treasurer of the University of Ala- 
bama on warrants drawn by the State auditor as war- 
rants are drawn for other appropriations to the Univer- 
sity. 

Section 4. — Be it further enacted, That the trustees 
of the University of Alabama shall report in writing to 
the Legislature at each regular session thereof the man- 
ner in which the appropriation herein made hasi been ex- 
pended. Provided, That this appropriation shall not 
be available in any j^ear till the president of the Univer- 
sity shall certify to the Governor that the supplemental 
sum of twenty-nve hundred dollars has been raisied from 
other sources. Provided further. That no matriculation 
or tuition fee shall be charged to Alabama; teachers, and 
no incidental fee exceeding three dollars per session 
shall be charged to any Alabama teacher. 

Section 5. — Be it further enacted, That the State 
Board of Examiners for teachers be authorized and di- 
rected tO' conduct or have conducted, annually, at the 
University at the close of the summer school for teach- 
ers, an examination for the convenience of teachers at- 
tending that school. The examination shall be equal in 
all respects to the regular examination required by law. 
The same fee shall be charged and the examiiiatlcii shall 
be conducted under the same rules and regulations. 

Approved October 1, 1903. 



No. 272.) AN ACT. (H. 400. 

To amend sections 405 and 407 of the Code of Alabama 

of 1896. 

Section 1, — Be it enacted by the Legislature of Ala- 
bama, That sections 405 and 407 of the Code of Alabama 
be amended so as to read as follows : 405 Board of Con- 
trol; how constituted. Each of such stations and 



schools is under the supervision and control of a board 
of control to be composed of the following members: 
The State Superintendent of Education, the Commis- 
sioner of Agriculture aiid Industries, the Governor, aiid 
two men wlio shall be residents of the respective congres' 
sional district wherein the school for which they are ap- 
pointed is located. Said members from the congres- 
sional districts shall be appointed by the Governor, and 
shall only serve as members of the board for the school 
Avhieh is located in their respective congressional dis- 
tricts. The terms of office shall be for a period of four 
years and until their successors are appointed. The 
members of said board must .not receive any compensa- 
tion other than traveling expenses actually incurred in 
attending meetings of the Board of Control, and said 
Board of Control shall have power to elect a treasurer 
for each school, fix his bond, compensation and pre- 
scribe his duties. Said Board of Control shall also have 
power toi select such other officers as they may deem ad- 
visable, prescribe their duties, and shall also have power 
to make all necessary arrangements for drawing the 
funds appropriated by law, and the disbursement of the 
samie. 407. Not less than five hundred dollars of the 
s]im so appropriated to each of said schools shall be used 
in maintaining, cultivating and improving tbe farms re- 
spectively, and making agricultural experiments thereon 
under aoad by direction of the Board of Control and the 
Professor of Agriculture in the. Alabama Polytechnic In- 
stitute; further the course in scientific agriculture and 
floriculture as required in Section 413 shall be formu- 
lated for the schools and experiment stations by the said 
professor of agriculture of the Alabama Polytechnic In- 
stitute. When on official visits said Professor of Agri- 
culture shall be paid by the Board of Control, his travel- 
ing expenses thus incurred. 

Section 2. — All laws and parts of laws in conflict 
with this act is hereby repealed. 

Approved September 30, 1903. 



78 
No. 535.) AN ACT (H. 1042. 

To provide, at tlie several Normal Schools of Alabama, 
for the two extra periods for examination of appli- 
cants tO' teach in the public schools. 

Be it enacted by the Legislature of Alabama, That the 
Superintendent of Education be and isi hereby author- 
ized and permitted at hisi discretion to allow in May and 
October an examination at amy Alabama Normal school 
requesting it, for applicants to teach in the public 
schools of this State ; that said examination shall follow 
the same regulations as the regular examinations now 
established, and that the expense of said examination 
is to be borne by the applicants. 

Approved October 6, 1903. 



No. 560.) AN ACT (S. 409. 

To provide for the teaching of Agriculture in the publii; 

(Schools. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, That in addition to the branches now taught in 
the public schools, instruction shall be given in the ele- 
mentary principles of agriculture, and said subject shall 
be taught as regularly as other branches are taught in 
said schools, by the use of thei text book in the hands of 
the pupils, and such instruction shall be given in all the 
public schools of the State, except in public schools in 
cities of 500 inhabitants and over. 

Section 2. — Be it further enacted, That no license 
shall be! granted to any applicant to teach in the public 
schools of Alabama who has not passed a satisfactory 
examination in said branch. 

Section 3. — Be it further enacted. That this act shall 
take effect on and after its passage, but it is provided 
further that the first examination in said branch shall 
not be held earlier than October, 1904, 



79 



Section 4. — Be it further enacted, That all laAVS and 
parts of laws in conflict with the provisions of this act 
be and the same are hereby repealed. 

Approved October 10, 1903. 



:No. 409.) AN ACT (S. 348. 

To provide for an election to levy and collect a special 
tax for the support of public schools in the various 
counties of the State of Alabama. Be it enacted by 
the Legislature of Alabama : 

Section 1. — That upon a petition signed by two hun- 
dred or more qualified electors of the county who are 
also freeholders, to the court of county commissioners, 
or court of like jurisdiction in any county within the 
State of Alabama, the said court shall order an election 
to determinei whether or not a special tax shall be levied 
for the support of the public schools within the said 
county as is hereafter provided ; but only one such elec- 
tion shall be held in any two years. There shall be made 
publication of thiei same in some newspaper within the 
county, which publication shall show the rate of such 
proposed tax, the time it is proposed to be continued, 
and the purpose for which the levy is proposed to be 
made. • 

Section 2. — The inspectors and officers of the elections 
shall be appointed and such election shall be held, and 
the results of said elections shall be declared in the same 
manner and by the same officers as is the result of the 
regular elections for county officers under the general 
laAvs of the State. 

Section 3.— The Court of County Commissioners or 
court of like jurisdiction shall provide a sufficient num- 
ber of ballots for each voting precinct within said coun- 
ty, and at the top of each ballot shall be printed the rate 
of such proposed tax, the time it is to be continued, and 
that the purpose m for the support of the public schools, 
and directly underneath in plain type shall be printed 



So 

on different lines the words, "Fot Proposed Taxation," 
'Mgainst Proposed Taxation," and a place must be left 
directly to the left of each line thereof, and the voter 
favoring the proposed taxation will make ai cross mark 
directly to the left of the line "For Proposed Taxation," 
and the voter not favoring proposed taxation, will make 
a cross mark directly to the left of the line, "Against 
Proposed Taxation," and if it appears as the result of 
said i&lection that three-fifths of those voting at said elec- 
tion have voted for the proposed taxation, the Court of 
County Commissioners or court of like jurisdiction shall 
levy said special tax and cause the tax assessor to assess 
the same on the taxable property in said county, which 
shall not exceed ten cents on each one hundred dollars 
of taxable property in such county ; but the rate of such 
special tax shall not increase the rate of taxation. State 
and county combined, in any one year to more than one 
dollar and twenty-five cents on each one hundred dol- 
lars of taxable property in said county, but all special 
county taxes for public buildings, roads, bridges and the 
payment of debts existing at the ratification of the Con- 
stitution of 1875 shall not be included in the aforesaid 
one dollar and twenty-five cents on the one hundred dol- 
lars of taxable property. 

Section 4. — Whenever such a levy as is provided for 
in this act is made it shall be the duty of the tax collec- 
tor within and for that county to collect such a tax in the 
same manner and under the same requirements and laws 
as taxes of the State are collected, and he shall keep said 
amount separate and apart from all other funds and 
keep a clear and distinct account thereof showing what 
amount is paid by the negTO race and what amount is 
paid by the white race, and turn the same over to the 
County Superintendent of Education, whose duty it 
shall be to receipt therefor and apportion the same to 
the various schools throughout the county in the same 
manner as the general school funds from the State are 
apportioned in said county, provided, that the school 
terms of the respective schoolsi shall be extended by such 
supplement as nearly the same length of time as prac- 
ticable. 



Section 5. — The election hereinbefore provided for 
may be had at the time of holding amy regular election 
within the county, and if held at such a time the inspect- 
ors and officers of the general election shall conduct at 
the same time the election herein provided for; and for 
such services they shall receive no compensation other 
than that allowed them for the holding of the general 
election ; but if such an election is had at such other time 
than that of holding a regular election within the county, 
then the election officers shall receive the same pay as 
that for holding a general election; and if such levy is 
made as provided for in this act the tax collector, tax as- 
sessor and county superintendent of education shall re- 
ceive for the services required of them under the provis- 
i(ms of this act, the same per centum of the funds han- 
dled as they now receive for like services, Provided, that 
the time said special tax may continue shall not be less 
than two years. 

Section 6. — x\ll persons who are at the time of such 
election qualified electors in the county where such elec- 
tion is held under the law and constitution of Alabama, 
then in existence, shall be qualified electors to partici- 
pate therein. 

Approved October 1, 1803. 



No. 390. ) AN ACT ( H. 668. 

To authorize the Court of County Commissioners, or 
other governing body of like jurisdiction, in any 
county in this State, to levy and collect such special 
taxes, not to exceed one-fourth of one per centum 
per annum, to pay any debt or liability now exist- 
ing against any county, incurred for the erection, 
construction or maintenance of the necessary pub- 
lic buildings or bridges, or that may hereafter be 
created for the erection of necessary public build- 
ings, bridges or roads. 
Section 1. — Be it enacted by the Legislature of Ala- 
bama, That the Court of County Commissioners, or other 
governing body of like jurisdiction, in any county in this 



82 

State, is hereby authorized to levy and collect such spe- 
cial taxes as it may deem necessary, not to exceed one- 
fourth of one per centum per annum, for the purpose of 
paying any debt or liability now existing against any 
county, incurred for the erection, construction or main- 
tenance of the necessary public buildings or bridges, or 
that may hereafter be created for the erection of public 
buildings, bridges or roads, which taxes so levied and 
collected, shall be applied exclusively to the purposes 
for which the same are so levied and collected. 
Approved September 30, 1903. 



No. 365.) AN ACT (S. 210. 

To provide for the redistricting of the public schools of 
the State and for the management and control of 
same. 

Section 1. — Be it enacted by the Legislature of Ala- 
bama, That townsliip lines for school purposes, in the 
State of Alabama, are hereby abolished ; provided noth- 
ing herein contained shall be so construed as to deprive 
the inhabitants of any township in this State of the six- 
teenth section or any fund arising therefrom, for the 
purpose of selling and leasing the sixteenth section 
school lands of the several townships as provided by 
law there shall be three township trustees in each town- 
ship to be appointed as now provided by law, the exist- 
ing township trustees shall continue in office until the. 
expiration of their terms of office for the purpose of sell- 
ing and leasing such lands. 

Sec. 2. — One of the county commissioners or a mem- 
ber of the County Board of Eevenue to be selected by 
such commissioners or Board of Eevenue, the County 
Superintendent of Education, and one of the county 
survej^ors to be named by the court of county commis- 



83 

sioners, or Board of Revenue, in each of the several 
counties of the State, are hereby created the county re- 
districting board, whose duties shall be as hereinafter 
provided. 

Sec. 3. — That on the first Monday in March, 1904, the 
county redistricting boards provided for in section two 
of this act, shall meet at the court house in their respect- 
ive counties and organize by electing one of their num- 
ber as chairman. The County Superintendent of Edu- 
cation shall be, by virtue of his office. Secretary of such 
board ; a majority of the members of such board shall 
constitute a quorum. 

Sec. 4. — As soon as x^i'^^^i^^^^ble after organization the 
said county redistricting boards shall lay out and divide 
t>ieir respective counties into public school districts ac- 
cording to centers of population and natural liarriers 
Such districts shall be so arranged, if practicable, as to 
place a public school within two and one-half miles of 
each child within school age within such district; pro- 
Aided that no district shall be formed which contains 
less than fifteen children within the school age. 

Sec. 5. — The work of establishing such districts as 
]>rovided in this act, shall be completed not later than 
June 1st, 1904, within ten days after said work shall 
have been completed, the said several county redistrict- 
ing boards shall make, in writing, an accurate descrip- 
tion of each district so established, which descriptions 
they shall deposit with the Judge of Probate, whose 
duty it shall he to record the same in a. substantially 
bound book, to be kept by him for this purpose in his 
office. 

Sec. 6. — On the first Saturday in July, 1 904, and each 
fourth year thereafter, the qualified electors of each 
public school district shall meet at the district public 
school house and elect from among the freeholders and 
householders who can read and write, residing in such 
districts, a local board of three distinct trustees whose 
duty shall be as hereinafter provided. Such district 
trustees shall hold office for the term of four j^ears from 



84 

the time of their election, and until their successors are 
elected and qualified. 

Sec. 7. — The trustees provided for in the last preced- 
ing- section shall within ten days after their election 
meet at the public school district school house, or some 
place more convenient to all concerned, and shall organ- 
ize, by electing one of their number chairman and an- 
other secretary. 

Sec. 8. — The district trustees shall, during the montli 
of August, 1904, and in every even numbered year there- 
after, make an enumeration of all the children within 
school age in their respective districts in accordance 
with the requirements of section 3573 of the Code of 
1896, and report the; same as herein provided to the 
County Superintendent of Education, who also shall, by 
the 15th day of said month, make a written report of 
such enumeration by numbered districts to the State 
Superintendent of Education, and it shall be the duty 
of the County Superintendent of Education to enumer- 
ate or cause to be enumerated, all the children of school 
age in any township or townships in his county in which 
the sixteenth section inte'rest exceeds the amount of per 
capita apportionment from the general fund, and report 
the same to the office of the State Superintendent of 
Education. 

Sec. 9. — It shall be the duty of said district trustees 
to care for all school property, employ teachers for their 
school districts, such employment to be subject to the 
approval of the County Board of Education, to visit the 
schools within their respective districts, observe the 
management of the same, to make quarterly reports of 
the condition of such school to the County Superintend- 
ent of Education, and to perform such other duties as 
may be required by the county board of education here- 
inafter provided for. 

Sec. 10. — The chairman of the several boards of dis- 
trict trustees shall meet at the court house in their re- 
spective counties on the second Saturday in August af- 
ter their election and every four years thereafter, and 
shall elect four county school trustees, who shall hold of- 
fice for the! term of four years from the date of their elec- 



85 

turn and until their ?!iiccessors are elected and qiialitiod. 
Before entering upon the duties of office, they shall take 
the oath of office prescribed by the Constitution of the 
State. The County Superintendent of Education and 
said four county trustees shall constitute the; County 
Board of Education within their respective counties. 
The County Superintendent of Education shall be the 
chief executive officer of said county boards of educa- 
tion, and shall see that all the rules, regulations and 
orders of said county boards are enforced; provided, 
hoAvever, that no county trustee shall, during his term 
( f oifice, be eligible to election as a district trustee. 

Sec. 11. — The said County Board of Education shall 
have entire control of the public schools within their re- 
spective counties, unless otherwise provided by law. 
They shall make rules and regulations for the govern- 
ment of thei schools, see that teachers perform their du- 
ties, and exercise such powers, consistent with the law, 
as in their judgment will best subserve the cause of ed- 
ucation. The said board shall have the right to acquire, 
purchase, lease, receive, hold, transmit and convey the 
title to real and personal property for school purposes. 
Said Board of Education shall by and in the name of 
the County Board of Education sue and be sued, con- 
tract and be contracted with; all contracts to be made 
after resolution adopted by said board and spread on 
its minutes and signed by the president and secretary, 
and all process shall be executed on the secretary of said 
board. 

Sec. 12. — Whenever there shall have been established 
in any school district, a system of graded schools free to 
the children of school age, within such district for a 
period of not less than eight months in each year, the 
electors of such districts may increase the number of the 
district trustees to five and assume entire control of the 
public schools therein; provided, the trustees of such 
districts shall make all reports required by law to the 
county board of education. 

Sec. 13. — Each member of the county redistricting 
b(^ar[ls named in section two of this act shall receive two 
dollars a day for each day in which he is actually em- 
ployed in forming school districts under this act to be 



86 

l)aid out of the county treasury upon the written requi- 
sition of the president and secretary of such board; pro- 
vided, that no member of said board shall receive pay 
for more than fifteen days, and provided, further, that 
the County Superintendent of Education shall receive 
no pay for serving on said board. 

Sec. 14. — Each of the four members of the county 
board of education, provided for in section 10 of this act 
shall receive from the public school funds of the county 
to be disbursed by the County Superintendent of Edu- 
cation two dollars a day for each; day's work devoted by 
him to the public schools; provided, he shall not receive 
pay for more than ten days in any one year. The 
County Superintendent of Education shall apportion 
among the several school districts the amount of com- 
pensation to be paid to the members of the County 
Board of Education and to account for thei same in like 
manner as provided for the compensation paid tO' teach- 
ers in such districts. 

Sec. 15. — The County Superintendents of Education 
shall receive and, by and with the advice and consent of 
the County Board of Education and under its direction 
shall disburse all moneys appropriated and provided by 
law, or that may hereafter be provided' for by law, either 
general or special, for the support of any and all public 
schools within their respective counties. For their 
compensation, they shall receive four per centum on all 
State public moneys legally disbursed by them, not to 
exceed the sum of eighteien hundred dollars for any cal- 
endar year. For all moneys received and disbursed by 
them, the county superintendent shall account to the 
State Superintendent of Education, as now provided by 
law. 

Sec. 16. — The lines and boundaries of, any school dis- 
trict may be changed by a vote of a majority of the 
Co'unty Board of Education, thirty days after due no- 
tice shal have been given by such board to the school 
trustees, and the people in the territory to be affecte«l 
by the change and such change may add to or take from 
any district composed of an incorporated city or town 
such contiguous territory as such board may deem best ; 
notice of the proposed change being given by three 



weekly publications in a newspaper published in said 
(•ounty, and in three public places by posting notices. 

Sec. 17. — That any vacancy on the County Board of 
]^>lucation or on any district board of trusteesi, shall be 
filled for the unexpired term by the remaining members 
<»n said board of education or board of trustees as the 
case may be. 

Sec. is. — This bill shall not be held to affect any 
school contract or the conduct, management and control 
of public schools during the school yeai' ending Septem- 
ber 30, 1904. 

Sec. 19. — The provisions of this act shall not apply to 
any county heretofore districted by law and which has 
a special levy from the county for the support of the 
public schools or tO' school districts heretofore estab- 
lished by law. 

Sec. 20. — That each incorporated city or town in the 
State is hereby created a separate school district. En 
all municipalities where there is a board of education 
the board shall have full charge and control of such .sep- 
arate school districts and shall have and exercise all the 
powers and authorty conferred by law Tipon township 
trustees. In municipalities where there is no such 
board of education, the powers and duties of truste<is 
shall devolve upon and be performed by the mayor an<l 
board of aldermen, and all funds due such separate 
school districts shall be paid directly by the State Su- 
perintendent of Education to the board of education of 
such sex>arate school districts, or to the mayor and board 
of aldermen where there is no such board of education, 
and provided that nothing in this act contained shall be 
construed as in conflict with section 12 of this act. 

Approved September 30, 1903. 



No. 298.) AN ACT (H. 498. 

To regulate all school districts affected by the creation 
of new counties or the change of county lines and 
to provide for the election of trustees therein. 



Section 1. — Be it enacted by the Legislature of Ala- 
bama, That any school district, which by the creation of 
new counties or the change of county lines, shall lie in 
two or more counties, shall in no wise be repealed by the 
creation of said new counties or the change of county 
lines. 

Sec. 2. — That the superintendent of the counties in 
which said school districts shall lie, shall pay over to 
the treasurer of said school boards in said school dis- 
tricts, all the funds of money coming into their hands 
due said school districts. 

Sec. 3. — That the trustees of a school district which 
is placed in two or more counties by the creation of new 
counties or the change of county lines shall be appointed 
by the Superintendent of Education of the county in 
which a majority of the children within the school age 
of said school reside. 

Sec. 8. — That all parts of laws of said school districts, 
which, by the creation of new counties or the change of 
county lines, lie in two (2) or more counties, which are 
in conflict with the provisions of this act are hereby re- 
pealed. 

Approved September 26, 1903. 



No. 233.) SENATE JOINT EESOLUTION. S. J. E. 
Whereas, By an act of the 38t hCongress of the Uni- 
ted States each State is invited to place in the National 
Statuary Hall at Washington, D. C, the memorial stat- 
utes of two citizens of such State who may be distin- 
guished for exalted and patriotic service; therefore. Be 
it resolved by the Senate of the Legislature of Alabama, 
the House of Representatives concurring, that the long 
and distinguished labors of the educaotor, Jabez Lamar 
Monroe Curry, shall be accorded this tribute of affeic- 
tionate regard, and that his name shall be and is hereby 
formally designated for grateful commemoration by the 
erection of a statute of marble of bronzei in the said 



89 

National Statuary Hall. Kesolvecl further, that the 
Governor of this State shall be and is hereby empowered 
to take the necessary steps to carry this resolution into 
effect. 

Filed in oflflce, Sept. 29, 1903. 

J. Thomas Heflin, 

Secretary of State. 

(This resolution became a law under Section 125 of 
the Constitution of 1901, having been held by the Gov- 
ernor beyond the time limit. ) 



No. 143.) AN ACT (H. 407. 

To validate, ratify and confirm the election of all county 
commissioners, and boards of revenue, and all 
county superintendents of education who were 
elected to such offices in the several counties of this 
State at the general election for State officers, and 
Congress members, held on the first Tuesday in No- 
vember, 1902. Whereas, at the general election for 
State officers, and Congress members, held in this 
State on the first Tuesday in November, 1902, there 
were also chosen and elected in many of the coun- 
ties of the State, county commissioners and boards 
of revenue and county superintendents of educa- 
tion, and whereas, it is a question of very grave 
doubt as to whether the law provided for and au- 
thorized the election of such county commissioners 
and boards of revenue and county superintendents 

at said election, and as to the legalit^^ of the elec- 
tion of such county commissioners and boards of 
revenue and county superintendents of education, 

at sail election, and, whereas, it is exx)edient that 
all doubt be removed as to the right of such county 
commissioners, and boards of revenue and county 
superintendents of education to hold and exercise 
the duties of their respective offices. 

Secton 1. — Be it enacted by the Legislature of Ala- 
bama, That the election of all county commissioners, 



90 

and boards of revenue, and county superintendents of 
education, who were elected to such offices in the several 
counties in the State, at the election for State officers 
and Congress members, held on the first Tuesday in No- 
vember, 1902, be and the same is hereby validated, con- 
firmed, ratified, and approved, and made to be as bind- 
ing and to have the same force and effect as if the elec- 
tion of such county commissioners, and "boards of reve- 
nue, and county superintendents of education had been 
fully provided and authorized by law, at the time of 
their said election on the first Tuesday in November, 
1902. 

Sec. 2. — That all laws and parts of laws in conflict 
with the provisions of this act be and the same are 
hereby repealed. 

Approved arch 5, 1903. 



No. 539.) AN ACT (H. 651. 

To empower municipal corporations to xDurchase school 
property and maintain public schools. 

Be it enmcted by the Legislature of the State of Ala- 
hama : 

Section 1. — That all municipal corporations in this 
State are hereby empowered to purchase school prop- 
erty, or tO' purchase lots and erect school buildings 
thereon for the use and benefit of the citizens of their 
respective towns and cities. 

Sec. 2. — That for said purpose the town council or 
board of aldermen may levy a tax of not exceeding one- 
fourth of one per cent, provided that the city or town 
tax shall not exceed one-half of one per cent, for all pur- 
poses, including said school tax. 

Sec. 3. — That the town council of board of aldermen 
are hereby empowered to purchase school property from 
time to time for the maintenance and improvement of 
such school propeirty and the maintenance of public 
schools therein within the limits hereinbefore pre- 
scribed. 



91 

Sec. 4. — That any purchase of school property under 
the poAver herein granted shall only be made by the 
unanimous vote of the toAvn council or board of alder- 
men of such town or city, and approved by the mayor, 
and upon two-thirds vote of the voters of said town 
voting- on said proposition at a special election held for 
tliat purpose after giving at least ten days notice of said 
election. 

Approved October 6, 1903. 



No. 230.) AN ACT (H. 286. 

To provide for the sale of Sixteenth section lands, which 

contain or are believed t'> contain minerals. 

Be it enacted hi/ the Legislature of Alahamaii 

Section 1. — That the township trustee or trustees of 
any township may, with the approval of the State Su- 
perintendent of Education, as hereinafter provided, sell 
any sixteenth section school lands of their respective 
townships, which contain or are believed to contain 
minerals, in the following manner: Upon the reciuest 
of three or more inhabitants of such township the town- 
ship trustee or trustees shall hold an election to ascer- 
tain whether tlie lands of such township shall be sold ; 
such electi(m shall l)e under the control and supervision 
of the township trustee or trustees, and shall be held 
after ten days' notice! has been given thereof by posting- 
notices at three public places in the township. If in 
such election a majority of the qualified electors of such 
township ^\'ho are the parents of children attending the 
public schools of such township vote for a sale of such 
lands, such township trustee or trustees shall cause to 
be published once a week for three successive weeks, 
in some newspaper published in the county where such 
lands are situated, a notice that sealed bids will be re- 
ceived by said trustee or trustees at a time and place 
specified in such notice, from the persons desiring to 
purchase all or any part of such lands of such town- 
ship. And such trustee or trustees shall, at the time 



92 

and place named in said notice, receive sealed bids of 
all persons who may desire to purchase any of such 
lands. Such bids shall state whether the bidder desires 
to purchase all or a part of such lands, the price he pro- 
poses to pay for the same, how much, if any, of such 
purchase money is to be paid in cash, and the security 
he proposes to give for any unpaid purchase money, the 
rate of interest such unpaid purchase money shall bear, 
and the time and installments, if any, such unpaid pur- 
chase money shall be paid in; and if such lands have 
been previously leased, such bids may be for the rent 
as well as for the reversion of such land ; and such bids 
may contain any other proposal wath reference to the 
purchase of such lands and the security to be given for 
unpaid purchase money. If such trustee or trustees 
approve any of such bids, the same shall be by them or 
him forwarded to the State Superintendent of Educa- 
tion. If such bid is approved by the State Superintend- 
ent of Education, he shall mark it approved. If disap- 
proved by him he shall mark it disapproved; and in 
either event, he shall file it with the records in his office. 
In the event of the approval of such bid by the Superin- 
tendent of Education, the bidder shall execute his obli- 
gation or obligations with two sureties to be approved 
by the Superintendent of Education, for the unpaid 
purchase money of such lands and the interest thereon, 
which obligation or obligations shall be payable to the 
toAvnship in which such lands are situated, and which 
shall be kept by the Superintendent of Education. The 
bidder shall also pay any cash provided by his bid to be 
paid in cash, and thereupon the Superintendent of Ed- 
ucation shall issue to such purchaser a certificate of 
purchase which shall describe the land sold, and shall 
fully set forth the price, terms and conditions of the sale 
as set forth in the accepted bid ; such certificate shall be 
prima facie evidence that all the pre-requisites to a 
valid sale of such lands have been complied with. If 
default is made in the payment of any installments, in- 
terest or principal agreed to be paid by such purchaser, 
and such default continues for one year or more, all 
title to the land sold shall revest absolutely in such 



93 

township. Upon payment in full of the purchase 
money with any interest agreed to be paid, there shall 
issue to such purchaser a patent to be signed by the 
Governor and attested by the Secretary of State, which 
shall be conclusive evidence that all title to the lands 
therein described has vested in the purchaser named 
therein. In the event of the abolition by law of the 
office of township trustee the duties herein provided to 
be performed by them shall be performed by the County 
Superintendent of Education. 

Sec. 2. — That all purchase money for such lands, 
cash and deferred, and all interest or such unpaid pur- 
chase money, shall be paid to the Superintendent of Ed- 
ucation, by whom it shall be reported to the Auditor 
and paid into the State Treasury. And the principal 
of all such purchase money paid into the State Treasuiy 
and any money paid as a sinking fund shall bear inter- 
est in the same manner as other school funds in the 
treasury bear interest, and shall be used exclusively for 
the public schools of the township to which said lands 
belong. And all interest paid annually or oftener by 
the purchaser on the deferred payments of purchase 
money, shall not, after being paid into the State Treas- 
ury, bear interest, but shall be annually apportioned to 
and used exclusively in the maintenance of the public 
schools of such township. 

Sec. 3. — That for their services in connection with 
any sale made under the provisions of this act, the 
township trustees or trustee shall receive one-half of 
one per cent, of the amount of the purchase price named 
in any accepted bid, which shall be paid to such trustees 
or trustee by the Superintendent of Education out of 
the first payment of the principal of such purchase 
money received by him. 

Sec. 4. — That all la^s and parts of laws, general and 
local,, in conflict herewith be and the same are hereby 
repealed. 

Approved Sept. 22, 1903. 



94 

ISO. 137.) AN ACT (S. 83. 

To ameDQd Section 3562 of the Code of Alabama. 

Section 1. — Be it enacted hy the Legislature of Ala- 
hama, Tha.t Section 3562 of the Code of Alabama be 
amended so as to read as follows : The trustees in each 
township shall annually on the first Monday in Septem- 
ber, or within seven days thereafter, call a meeting of 
the parentsi and guardians of the children of their town- 
ship within the educational age, and at such meeting 
they shall in consultation with such parents and guar- 
dians, and with a view to subserve their wishes, inter- 
ests and convenience transact the following business: 
1. They shall determine the number of schools which 
shall be established in their township for the current 
scholastic year, and shall designate the same by num- 
ber. 2. They shall fix the locaton of each school, the 
time of itsi opening, and the length of the session, which 
shall not be for a less term than is provided by law. 3. 
They shall, when they establish the schools in tbeir 
township, apportion to each school so established, such 
an amount of the public school revenue apportioned to 
the township for the current scholastic year as they may 
deem just and equitable and for the equal benefit of the 
children thereof of school age. 

Sec. 2. — They shall determine the number and what 
children shall be transferred from their districts to the 
school of other districts, and tO' what district trans- 
ferred, during the scholastic year, and shall set apart 
such an amount of the money apportioned to their dis- 
trict to pay for such transferred children as they may 
deem just and equitable, and if it should be deemed im- 
practicable to establish in any district a public school 
for the children of either race, on account of the want 
of a, sufficient number of such race living within a reas- 
onable distance, they shall determine whether any such 
children can be transferred conveniently to a public 
school in another district, and those that cannot be so 
transferred, and that have actually attended some 



95 

school in this State for the time during which the pub- 
lic schools were kept open for the current scholastic 
ye<ar, shall be entitled to the benefits of the amounts ap- 
portioned to their district ; and they shall determine the 
amount to which each of such children shall be entitled, 
and the same shall be paid by the County Superintend- 
ent of Education to the parent or guardian of such 
child, for which a receipt shall be taken as in case of 
payments to teachers. 5. In those townships in which 
less than the re<]uisite number of children of school age 
reside, it shall be the duty of the township trustees to 
arrange for the teaching of such children in such man- 
ner as they may deem proper and just, subject to the 
approval of the County Superintendent of Education, 
and to pay for the tuition of such children in the man- 
ner prescribed by law out of. the school funds appor- 
tioned to such township. 6. Such other business as 
may be necessary to carry out the provisions of the law, 
which shall include the election of teachers. 
Approved March 4, 1903. 



CONSTRUCTION OF SCHOOL HOUSES. 

The following is the title of An Act passed by the 
Legislature of xVlabama at the session of 1003 : 

To authorize Boards of Revenue and Courts of County 
Commissioners in the several counties in the State of 
Alabama, to cause elections to be held in their respect- 
ive counties, to authorize the issue of bonds for con- 
structing or pav debts created for constructing public 
buildings, INCLUDING SCHOOL HOUSES AND 
BUILDINGS, public roads and bridges, and for such 
other purposes as may be authorized by law ; to provide 
for the manner of giving notice of such election, the 
manner of holding same, and the payment of expenses 
thereby incurred; and to authorize the issue of bonds 
v»dien at such election the voters thereat shall decide in 
favor of such bond issue. (See General Acts of Ala- 
bama, 1903, jmge 90.) 



96 

See Page 20, § 3582, of 

GENERAL PUBLIC SCHOOL LAWS OF ALA- 
BAMA, 1903. 



No. 140.) AN ACT (S. 147. 

To amend Sections 3610 and 3612 of the Code of Ala- 
bama, of 1896. 

Section 1.- — Be it enacted by the Legislature of Ata- 
ha/)]ia, That Section 3610 of the Code of Alabama of 
1896 be, and the same is hereby amended so as to read as 
follows: 3610. County Superintendents Shall Make 
Pay Rolls. — On the flifteenth day of each month the 
County Superintendent of Education shall make in du- 
plicate, for each race separately, a pay roll, showing the 
names of all teachers engaged, in teaching public schools 
in their counties, with their postoffice address, and the 
estimated amount that will be due to each teacher at the 
end of the current month from the funds of each town- 
ship and range or district in its regular numerical 
order: and shall append thereto an affidavit that the 
same is correct. One of such duplicate pay rolls shall 
be retained by the County Superintendent, and the 
other he shall forthmth forward to the Superintendent 
of Education, who shall examine the same, and if found 
correct, it shall be approved by him and filed with the 
Auditor. 

Sec. 2.— That Section 3612 of the Code of Alabama 
of 1896, be aoad the same is hereby amended so as to read 
as follows : 3612. Teachers Paid and Receipts Taken. 

—Immediately upon the receipt by the County Super- 
ent of the amount of the monthly pay roll, he shall pay 
the teachers, taking their receipt therefor on both copies 
of said pay roll, and must by the fifteenth day of each 
month return one copy of such receipted pay roll to the 
Superintendent of Education. Provided, that in case 
any teacher should fail to call for the mount due him 

(or her), the County Superintendents of their respect- 



97 

ive counties, shall at the expense and request of said 
teacher mail the said teacher a registered letter or check 
on some bank in their respective counties, for the 
amount due him (or her), provided, that in no case 
shall the County Superintendent pay a teacher or mail 
liim (or her), a registered letter or check unless the 
said teacher's monthly report, duly certified to, is on 
file. 

Sec. 3. — That all lav^s and parts of laws in conflict 
Avith the provisions of this act be, and the same are 
hereby repealed. 

Approved March 24, 1903. 



q8 



Important Opinions of the Attorney 
General. 

August 12, 1903. 
STATE TEXT BOOK LxiW ; EXEMPTION OF OEK- 
TAIN COUNTIES FKOM OPERATION OF. 

Hon Isaac W. Hill, 

l^tate Superintendent of Education. 
Dear Sir: 

Complying with your request I proceed to give you 
my views touching the matters below discussed. 

Under the act of the Legislature of Alabama, ap- 
proved February 18, 1891, a uniform series of text 
books was providied for Marshall county. This statute 
is not limited to any given period, but seems to have 
contemplated a permanent text book system for Mar- 
shall county. It was, therefore, in operation and effect 
on March 4, 1903, when the State Text Book Law was 
approved. LTnder the last named statute a county 
which, at the time of its approval, had ai uniform sys- 
tem, and had entered into contracts for supplies of 
books, is exempted from the provisions of the act until 
the expiration of such contracts. If Marshall county, 
acting under the County Statute, had contracts for the 
supply of school books on March 4, 1903, this State law 
will not apply to that county until the termination of 
such contracts, unless said county sees fit sooner tO' ac- 
cept the provisions of the State law. The statute evi- 
dently contemplated thait the contract which it refers 
to should be a written contract, certain and definite in 
all its terms, and especially as to the time it should run. 
If the county has a contract it could not abandon such 
contract without the consent of the other party to it. 
Very respectfully, 

Massey Wilson, 
Attorney General. 



99 

November 6, 1903. 
APPORTIONMENT OF COUNTY SUPERINTEND- 
ENTS OF EDUCATION. 

Hon Isaac W. Hill, 

Hnperiniendent of Ediocation. 

Dear Sir : 

I aicknowledge letter of John C. Williams to you of 
the 20th ultimo, relating to the above subject. 

The Code provides that a county superintendent for 
each county should be elected at each general election, 
unless by a special act it is otherwise provided. — Code, 
Section 3550. Local acts provide for the apportion- 
ment of county superintendents in some of the counties. 
Sections 25 and 27 of the act "to further regulate elec- 
tions in the State of Alabama," approved October 9, 
1903, provide for the election of county superintendents 
in the several counties in the State. You wish to know 
wliether this statute repeals the several local laws pro- 
viding for the appointment of county superintendents 
in some of the counties. 

There is no provision in the general election law, 
above cited, which in express terms repeals the local 
laws referred to. If it repeals such laws it must be by 
implication. Repeals by implication are not favored; 
and the repugnancy between two statutes slu)uld be 
very clear to warrant a court in holding that the later 
in time repeals the other, when it does not in terms pur- 
port to do so. This rule has peculiar force in the case 
of laws of special and local application, which are 
never to be deemed repealed by general legislation ex- 
cept upon the most unequivocal manifestation of intent 
to that effect. I do not think the several local laws 
providing for the appointment of county superintend- 
ents are repealed. 

Yours respectfully, 

Massey Wilson, 
Attorney General. 



lOO 

Januairy 23, 1904. 

TOWNSHIP TRUSTEES; EXEMPT FROM THE 
PAYMENT OF POLL TAX ; RIGHT TO VOTE. 

Hon IkSaac W. Hill, 

^Superintendent of Education. 
Dear Sir: 

I acknowledge receipt of a letter from Mr. L. M. Ste- 
venson, Superintendent of Education of Randolph 
county, addressed to you, and asking whether or not 
Township Trus4:ees are required to pay a poll tax in 
order to be qualified to vote. You request me to give 
you my view of this question. 

The Constitution declares that "to entitle a person to 
vote at any election by the people, he shall have * * 
paid on or before the first day of February next preced- 
ing the date of the election at which he offers to vote, 
all poll taxes due from him for the year 1901, and for 
each subsequent year." — Constitution, Section 178. 
And that "the poll tax mentioned in this article shall 
be one dollar and a half upon each male inhabitant of 
the State, over the age of twenty-one years, and under 
the age of forty-five years, who would not now be ex- 
empt by law." — Constitution, Section 194. 

So it will be seen that the payment of the poll tax is 
necessary to qualify a person to vote, except those per- 
sons exempt from the payment of poll tax on the date 
of the ratification of the Constitution, November 28, 
1901. On that date, and for many years prior thereto, 
the statute was in force which exempts Township Trus- 
tees from the payment of poll tax, so long as they shall 
continue in office and perform the duties thereof. 
Code, Section 3575. Township Trustees being exempt 
from the payment of poll tax at the date of the ratifica- 
tion of the Constitution, and the Constitution declaring 
that the poll tax mentioned therein shall be $1.50 upon 
each male inhabitant not exempt by law, I am of the 
opinion that Township Trustees are not required to pay 
the poll tax in order to qualify to vote. 
Very respectfully, 

Massey Wilson, 
Attorney General. 



lOl 

August 30, 1904. 

THE APPORTIONMENT OF PUBLIC SCHOOL 
FUNDS. 

Hon Isaac W. Hill, 

Superintendent of Education, 

Montgomery, Ala. 
Dear Sir: 

I have investigated tbe question of the method of ap- 
portionment of the Public School Funds, and respect- 
fully submit my conclusions thereou. 

The Constitution of 1S75 contains the following sec- 
tion : "The general assembly shall establish, organize 
and maintain a system of public schools throughout the 
State, for the equal benefit of the children thereof be- 
tween the ages seven and twenty-one years." — Constitu- 
tion 1875, Article XIIT, Section 1. In enumerating the 
duties of the Superintendent of Education, he was re- 
quired to apportion the public school funds in the fol- 
lowing way : "He shall annually apportion the public 
school fund to the various townships and school dis- 
tricts, according to the entire number of children of 
school age, and shall see to the proper disbursement of 
the same." — Code, Section 3546, sub-division 5. It will 
be observed that under the provisions above cited, the 
Superintendent of Education apportioned the public 
school fund to the various townships and districts, with- 
out reference to the counties in which such townships 
or districts were located. For purposes of apportion- 
ment the township or district was the governmental 
sub-division or entity to be dealt with. 

There is a material difference in the correspondng 
section of the Constitution of 1001 upon this subject, 
from that contained in the Constitution of 1875. The 
present Constitution declares: "The Legislature shall 
establish, organize and maintain a liberal system of 
public schools throughout the State, for the benefit of 
the children thereof - between the ages of seven and 
twenty-one years. The public school fund shall be ap- 
portioned to the several counties in proportion to the 



I02 

number of children of school age therein, and shall ba 
so apportioned to the schools in the distrcts or town- 
ships in the county, as to provide, as nearly as practica- 
ble, school terms of equal duration in such school dis- 
tricts or toT\Tiships." — Constitution, Section 256. It will 
be noticed that the Constitution does not, in express 
words, declare who shall apportion the fund to the ssver- 
al counties. It is clear, however, that the intention is for 
the Superintendent of Education to make such appor- 
tionment. He made the apportionment to the town- 
ships or districts tinder the law as it existed at the time 
the Constitution became effective, and the supervision 
of the public schools is vested in him by both constitu- 
tional and statutory provisions. He should apportion 
the school fund to the several counties in accordance 
with the section of the Constitution above quoted. 

After the fund has been apportioned to the several 
counties, the Constitution declares it shall be so appor- 
tioned to the schools in the districts or townships in 
the several counties, as to provide, as nearly as practi- 
cable, school terms of equal duration in such school dis- 
tricts or townships. The Constitution does not under- 
take to prescribe rules to accomplish this end. It de- 
clares the j)i'iiiciple upon which apportionment to the 
various schools in the county shall be based but pro- 
vides no machinery for carrying such principle into 
practical eft'ect. The act "to provide for the redistrict- 
ing of the public schools of the State, and for the man- 
agement and control of the same," (General Acts 1903, 
page 289, Sections 10, 11 and 15), creates a county 
I'oard of education in each of the several counties of tlie 
State, and defines the duties of such board. The act 
gives the county board of education entire control of 
the public schools, except when otherwise provided ])y 
law, gives it power to contract with teachers and make 
disbursements of the public fund subject to its approval. 
It does not in express terms give to such county board 
the power to apportion the public school fund to the 
several schools of the county, but I think the power to 
do this is included within and flows from the very broad 
and comprehensive terms used in the statute that define 



103 

its powers and duties. It will become the duty of the 
several county boards to apportion the public school 
fund to the schools in the districts in the various coun- 
ties, in such a way as to provide, as nearly as practica-' 
bJe, school terms of ecjual duration in such school dis- 
tricts, after the Superintendent of Education shall have 
apportioned the fund to the various counties. 

Yours respectfully. 

Massey Wilson. 
Attorn ev General, 



Sept. Tth. 1004. 

A COPY BOOK IS A TEXT BOOK. AXD THAT 
ADOPTED MUST BE USED IX THE PUB- 
LIC SCHOOLS WHEX WRITIXG 
IS TAUGHT. 

Hon IsA.\c W. Hill, 

Supcn)it€n<:Icnt of Education. 
Dear Sir : 

Your re<^uest for an opinion as to the proper construc- 
tioD. in the particular hereinafter indicated, of the re- 
cent act of the Lepslature, providing for the creation of 
a Text Book Commission, and to procure f<^r use in the 
public free schools in this State, a uniform series of text 
books, has been received. 

The facts up>n which information is desired are as fol- 
lows : 

I'lider this act the Text Bo<:)k Commission selected 
and adopted for use in the ptiblic schools, a' copy book 
published by Eaton & Company, and the contract was 
awarded to that firm to furnish these copy b<x>ks for use 
in the public schools of this State, for a period of five 
years. 

The Text Book Commission, in construintr this act has 
held that it was permissible to teach writing in the pub- 
lic schools of Alabama, without copy bo<:>ks, and in some 
of the public schools, writing has been taught and is be- 



I04 

iug taught without using the copy books, selected and 
adopted by the Text Book Commission. The question 
for considereation is, can it be left to the discretion of 
school boards, or teachers, to decline to use any text 
book selected and adopted by the Text Book Commis- 
sion, and teach such branch of study by some other 
method, and without the use of such text books so sel ect- 
ed and adopted. 

It is declared in Sections 1, 16 and 17 of the act : ^'that 
the Governor, State Superintendent of Education, and 
three eminent teachers of the State * * * shall be 
and are hereby constituted the School Book Commission 
of the State of Alabama, whose duty it is to select and 
adopt a uniform series or system of text books for use in 
the public schools of this State. Said commission is 
hereby authorized, empowered and directed to. select and 
adopt a uniform system or series of text books for use 
in the public schools in this State, as above indicated, 
and when so selected and adopted, the said text books 
shall be used for a period of five years in all the public 
schools of this State, and it shall not be lawful for any 
officer, director or teacher, to use any other books upon 
the same branches other than those adopted by said State 
Text Book Commission. Said uniform series shall in- 
clude the following branches of study, to-wit: 

"Orthography, reading, writing, arithmetic, geog- 
raphy," etc. "That any person or teacher violating the 
provisions of this act, shall become guilty of a misde- 
meonor, and upon conviction, be punished by a fine of not 
less than ten dollars nor more than fifty dollars." 

"That any teacher who shall use or permit to be used 
in his or her school, any text book upon the branches 
embraced in this act, where the Commision has adopted 
a book on that branch other than the one so adopted, 
shall be guilty of a misdemeanor, and upon conviction, 
punished as provided for in Section 16 of this act." 

It will be observed that Section 1 of the act specially 
provides — 

First — For the appointment of a Text Book Commis- 
sion. 

Second — It is made the duty of said Text Book Com- 
mission to 'select and adopt a uniform series or system 



uf text books for use in the public schools of Alabama." 

Third — The State Commission is aathorized, empow- 
ered and directed to select and adopt a uniform system 
or series of text books for use in the public schools of 
this State. 

Fourth — When said text books are so selected and 
adopted they ^'shall he used for a period of five years in 
all of the public schools of this State." 

Fifth — It is further provided that it shall not be law- 
ful for any school officer, director or teacher to use any 
other books upon the same branches other than those 
adopted by the State Text Book Commission. 

Sixth — Said uniform series sjiall include the follow- 
ing branches of study to-wit : "Orthography, reading, 
writing, arithmetic, geography," etc. 

It is clearly the legislative intent that the system of 
teaching these several branches shall be uniform in all 
the public schools in this State, and to that end, it is 
made mandatory that the text books selected and 
adopted by the Text Book Commission, shall be used for 
a period of five years, in the public schools, to the exclu- 
sion of all other books upon the same branches. 

It is also clearly the legislative intent that the books 
adopted should be used in said public schools in order 
to secure said text books at a cheaper price than hereto- 
fore prevailed, and the mandatory requirement that 
these books, when selected and adopted, shall be used 
for a period of five years, wasi supposed to be an induce- 
ment to the various publishers to bid for the books at 
a lower cost than they could be bought at retail. If it 
were held that a teacher could refuse to teach arithme- 
tic, or for that matter, any other text book selected and 
adopted, and teach that particular branch of study by 
a process of his own, independently of any book, this 
construction would emasculate the law, and leave it to 
the discretion of each school board, or teacher, to deter- 
mine whether or not he could teach arithmetic "out of 
his head," by a higher or better process than by the 
books selected and adopted by the Text Book Commis- 
sion, and thereby destroy the uniformity in teaching 
this branch. This intent is made still more specific and 



io6 

-clear by Section 16 of the act, which provides that any 
person or teacher violating the pro^dsions of this aci, 
shall be gnilty of a misdemeanor, and as a further guar- 
antee that the text books adopted and selected by the 
Commission, shall be used in the j)ublic schools of this 
State, Section 17 of the act makes it a misdemeanor for 
any teacher to use or permit to be used in his or her 
school, any text book upon the branches embraced in 
thils act, other than those adopted. 

The legislature has unlimited and exclusive power 
to select the text books tO' be used in the public schools, 
and to compel the use of the books selected. In the ex- 
ercise of this power by the enactment before referred to, 
our court declares, in the case of Dickinson v. Cunning- 
ham (in M. S..) : "Two things are very clear to our 
minds: one, 'that the legislature meant to provide an 
exclusive privilege in order to secure books at the best 
prices; the other, the legislature meant to prevent the 
possibility of any break in the uniformity of the system 
framed by the statute." 

The question arises, therefore, as to whether or not 
the copy book, selected and adopted by the Text Book 
Commission for the uniform system or series of writing 
to be taught in the public schools of this State, is a text 
book. Of this there is no doubt. Webster defines a 
text book to be any manual of instruction; an educa- 
tional treatise; a school book. The Century Dictionary 
defines it to be a book used by students, as a standard 
work for a particular branch of study; a manual of in- 
struction. It is also there defined to be a book con- 
taining a "Text or Texts," and one of the definitions 
there given of the text, is "formal handwriting." The 
legal definition of a book is much more comprehensive, 
and greater than the popular idea of a book. A single 
sheet of music has been held to be a book within the 
purview of the law. — (A. & E. Enc. of I^aw, 2d ed., Vol. 
4, pp. 703-704. ) 

The Supreme Court of Illinois in an able opinion 
(The People ex rel. v. Board of Education, 175 111. 9), 
held that a copy book was a text book within the mean- 
ing of the law of that State, which is very similar to the 
law of Alabama upon this subject. It is my opinion, 



I07 

tlierefore, that the copy book of Eaton & Co., selected 
and adopted by the Text Book Commission, must be 
used and taught, in all the public schools of this State, 
wherever writing is taught, and that it does not lie in 
the discretion of any school board or teacher to provide 
for ai different method of teaching writing, or tO' decliiie 
the u.<e of these copy books in teaching that branch. The 
contrary view would make possible a "break in the uni- 
fomity of the system,'' which our Supreme Court says 
the legislature meant to prevent. 

Respectfully yours, 

Massey Wilson, 

Attorney General. 



September 24, 1904. 
ilon Isaac W. Hill, 

^upemitendent of Educatio7i. 
Dear Sir: 

I have your favor of the 22d inst., requesting: my opin- 
ion of the questions below quoted : 

"First. — Can any of the books that have been adopted 
by the State Text Book Commission for the use of the 
public schools of the State, be purchased from any per- 
son or dealer other than the publisher having the con- 
tract with the State to furnish such books, or his duly 
constituted and appointed depositories, or regularly 
and duly constituted agents throughout the counties of 
Alabama, and be used by a pupil or teacher in the pub- 
lic schools of Alabama? 

"Second. — If any of the books that have been adopted 
hy the State Text Book Commission for use in the pub- 
lic schools of the State, having printed or stamped upon 
them statementisi of the price and that they are supplied 
under the contract with the State, are sold by a dealer 
other than a duly appointed agent, or through channels 
other than those provided by law and under contract, 
and as a matter of fact they are not furnished by the 
publisher or supplied to said dealer or person offering 
them for sale through the agencies adopted, is the dealei* 
cr isnid personi so spiling such book, gnil ty of a violation 
of the statute, in such sort as to make him subject to 
conviction for a misdemeanor under said statute?" 



io8 

(1.) The Supreme Court of Alabama has answered 
the first question in the negative. It is decided in the 
case of Dickinson v. Cunningham (in MS) that if abook 
adopted by the State Text Book Commission was pur- 
chased from a person or dealer other than the contractor 
and was not supplied through a depository or agency, 
such book could not be taught in the pubic schools. It 
follows that it would be a misdemeanor to use a book so 
obtained in the public schools of this State. 

(2.) Under the Text Book Statute, and the con- 
tracts made with publishers pursuant to it, the success- 
ful bidders for the privilege of supplying books for the 
public schools have the exclusive right to supply such 
books for that purpose. — (Dickinson v. Cunningham, 
supra; Clark v. Haworth, 7 L. R. A., 240). While this 
exclusive privilege may result in benefit to the con- 
tractor, it is supposed to be of corresponding benefit to 
the public by enabling the patrons of the public schools 
to get better and cheaper books. The contractors are 
under bond in a large penalty to execute the contracts 
on their part. Books furnished under these contracts 
are required to come up to the standard of quality and 
excellence of the samples furnished with the bids and 
preserved by the Secretary of State. To make it easier 
to fix liability on the contractors for a violation of the 
statute, or of their contracts, and a safe-guard against 
the introduction into the schools of books other than 
those adopted, it is required that such contractors shall 
cause to be printed upon every book furnished under 
their contracts the contract price, the exchange price, 
and the fact that the price is fixed by state contract, and 
a request that deviations therefrom shall be reported to 
the school authorities. If a dealer who is not a con- 
tractor, or a designated depository, or a duly constitu- 
ted agency, as provided for in the statute, should pro- 
cure books from some source other than the regular 
channels provided in the law, and himself cause to be 
printed upon such books the matter required to be 
printed upon books sold under contract, and sell such 
books as if the same were; sold pursuant to the text book 
law, I think such conduct would be a violation of the 
provisions of the act. Section 16 of the act declares 



I09 

that any person violating its provisions shall be guilty 
of a misdemeauor. I think, however, that books which 
have been sold or supplied by a contractor ^ith the 
State, or through his depository or agency, and which 
come up to the tests of the text book law, may be sold 
AWthin the State by any person or dealer who may have 
become the owner of such books, Avithout being subject 
to criminial liabilit3% Neither do I mean to say that the 
mere sale of the adopted books by any dealer would be 
a violation of the law, although such books, unless sup- 
plied under the contracts with the State, could not be 
used in the public schools. It is the printing upon 
adopted books by persons who are not contractors, the 
matter required to be printed upon them by the con- 
tractors, and the selling of such books under and as in 
compliance with the statute by persons who are not con- 
tractors (privileges given exclusiveh' to the contract- 
ors) which I think a violation of the law. 
Very respectfully, 

Massey Wilson^ 
Attorney General. 



September 28, 1904. 
APPORTIONMENT OF SPECIAL SCHOOL TAX. 
Hon. Isaac W. Hill, 

Superintendent of Education. 
Dear Sir: 

I am of the opinion that funds raised by the levy of 
a special tax for the support of public schools under the 
act approved October 1, 1903, should be apportioned 
in substantially the same way as the general school fund 
is apportioned : that is, to the districts in the county 
which are not governed by the general school law in the 
proportion which the school population of such districts 
bears to the entire school population of the county, and 
that the remainder of the funds should be apportioned 
to the several districts in the county which are gov- 
erned by the general law in the same proportion that 
the general fund has been apportioned by the county 
board of education to such districts. 
Very respectfully, 

Massey Wilson, 
Attorney General. 



no 

THE STATE OE ALABAMA JUDICIAL DEPARTMENT. 

THE SUPREME COURT OF ALABAMA. 

November Term, 1904-5. 
8 Div. 61. 

' G. A. Gibson et al., 

V. 

, Jay Mabrey, et al. 
Appeal from Marshall Chancery Court. 

SIMPSON, J.— This was a bill filed, by G. A. Gibson, 
J, E. Biickalew and J. B. Geiger, who allege that they 
are the district trustees for school district No. 43, in 
Marshall county, Alabama, and are also resident citi- 
zens of said school district, taxpayers therein, and pa- 
trons of the public schools in said district, having chil- 
dren therein within the school age, against J. Mabrey 
as county superintendent of education and as chief ex- 
ecutive officer of the county board of education of said 
county, and Cicero P. Bales, J. M. McCamey, Virgil 
Dickson and P. E. Oliver, the individual members com- 
posing said board, and Walter Amos. 

The Redistricting Board, provided by Section 2 of 
the Act of 1903, p. 289, divided said county into school 
districts, and, in the district in question, located one 
school house. 

The District Trustees provided for by Section 6 of 
said Act, not being satisfied with the arrangement of 
having only one school in said district, entered into a 
contract with a teacher to teach a school at another 
place in said district, which contract was disapproved 
by the county board, provided for by Section 10 of said 
Act. 

Subsequently the county board entered into a con- 
tract with the defendant, Walter Amos, to teach at the 
place fixed by the said redistricting board for the school 
house in said district. 

The bill seeks tO' enjoin the county superintendent of 
education from paying any of the funds, belonging to 
the public school fund of said district tO' said Walter 
Amos, or any other person, unless said person has been 
employed by them to teach a public school, and such 



Ill 



contract lias been approved by said county board; also 
prays tliic^ court to "decree that said county board of ed- 
ucation has no right ta prohibit the employment of more 
than one teacher in said school district, or to prohibit 
the employment of a teacher or teachers to teach more 
than one public school in said district, and that they be 
required and commanded to approve said employment 
of a teacher by complainants, as district trustees, where 
their approval has been withheld only on the ground 
that the school was not contracted to be taught at the 
place designated by the said redistricting board provi- 
ded for by said Section 2 of said Act." Also that they 
be enjoined in the future, from employing any such 
teachers, and from directing their payment; also that 
the county superintendent be enjoined. 

The contention of the appellant is that the new law 
is only an amendment of the old, and, (although there 
was no such officer under the old law as district trustee, 
and although the township trustees, under the old law, 
did not have the power to decide the number of schools 
to be held in a township, but had to call a meeting of 
the parents and guardians to attend to that matter, and 
although, under the old laAV, the action of said township 
trustees, in case the parents and guardians failed to act 
was subject to an appeal to the county superintendent, 
Code of 189G, Sections 3560, 3565) that the district 
trustees have a right to establish another school in a 
school district, make a contract with a teacher and de- 
mand that he be paid out of the school funds. 

The Act of 1903 is clearly a restatement of the entire 
law on the subject of the redistricting of the public 
schools, and in regard to the management and control 
of the same, and was intended to set up a new system, 
so that Avhatever power any school officer may have on 
these subjects must be derived from this act. The du- 
ties of the district trustees are specifically enumerated 
in sections 7, 8, 9 and 10 of said Act, and there is no in- 
timation of any power in them to determine how many 
schools shall be in the district, and they are authorized 
to employ teachers only "subject to the approval of the 
county board." So that, even after the location of the 
school has been fixed, any contract made by them with 



112 

a teacher is merely tentative, until it is approved by 
the county board. Where then does rest the power to 
regulate these matters? Sections 2, 3. 4 and 5 provide 
for "redistricting boards" and their duties, and al - 
though it seems to have been customary for them to fix 
the place for the schools, yet there is no specific direc- 
tion for them to locate the schools. This, however, is 
immaterial, as the county board could adopt the loca- 
tion by them or adopt another, as they deem best. 

Section 11 of the Act provides that the county board 
of education "shall have entire control of the public 
schools within their respective counties, unless otherwise 
provided by law. They shall make rules and regula- 
tions for the government of the schools, see that the 
teachers perform their duties, and exercise such powers 
consistent with the law, as, in their judgment, will best 
subserve the cause of education." 

It is very clear that the matter of the location of the 
schools in the several districts, does not come within the 
powers conferred on the district trustees, but under the 
comprehensive powers given to the county board is a 
deliberative body charged with the duty of determining 
whether the employment by the district trustees of a 
teacher is such as, in the furtherance of the educational 
interests of the district, should be approved. Conse- 
quently, their reasons for approving or disapproving 
cannot be inquired into. 

The statute makes it the duty of the ditsrlct trustees 
to employ teachers, subject to the approval of the county 
board, but it is their duty to employ the teacher to teach 
at the place fixed by the county board. It is true that 
trustees may become obdurate, and, by failure to work 
in harmony, defeat the object of the law to have a school 
taught in each district, yet, in the matter of the selec- 
tion of teachers, the intention of the lawmakers in the 
passage of this Act appears to be that it shall require 
the concurrence of both the district trustees, and the 
county board, to the selection and employment of a 
teacher. 

It is true that the powers granted to the county board 
of education by Section 11 are very comprehensive, yet, 
as the previous section makes it the duty of the district 



113 

trustees to employ the teachers, we hold that the general 
powers given to the county board do not deprive the 
district trustees of the right to employ the teacher sub- 
ject to the approval of the county board, nor authorize 
the county board to employ one. 

It results that the 7th cause of demurrer to the bill 
should have been overruled, and the 1st, 2d and 3d 
cause < were properly overruled. The 4th cause should 
have been overruled, and the 5th and 6th causes were 
properly sustained, and the 8th should have been over- 
ruled. 

The chancellor erred in sustaining the motion to dis- 
miss the bill. 

The decree of the court, in so far as it sustained the 
demurrer to the bill is affirmed, but in so far as it sus- 
tRiined the motion to dismiss the bill the decree is re- 
versed and a decree will be here rendered overruling the 
motion to dismiss the bill. 

Affirmed in part, and reversed in part and rendered. 

McClellan^ C. J., Tyson and Anderson^ J .J., con- 
curring. 

To be reported. 



THE STATE OP ALABAMA — JUDICIAL DEPARTMENT. 

THE SUPREME COURT OP ALABAMA. 

November Term, 1904-5. 
4 Div. 960. 

J. C. Brown, 

V. 

J. M. Sanders, Superintendent of Education, etc. 

Appeal from Pike Law Court. 

ANDERSON, J. — The school taught by the relator is 
located within the territory described in the Act of 1884- 
85, page 454, making the same a separate school dis- 
trict. 



114 

Section 19 of the Act of 1903, page 294, sajs : "The 
provision of this Act shall not apply to any county 
heretofore districted by law and which has a special levy 
from the county for the support of the public schools or 
to school districts heretofore established hy ImoJ' 

Since the district in which the school in question is 
located, was established before the passage of the last 
mentioned Act, it has no application tO' said district, 
and the county board of education had no authority to 
select the relator as a teacher for that school, or to enter 
into a binding contract in reference to a school in said 
district. The relator has not made out a case that 
would entitle him to the relief sought. 

The judgment of the court below is affirmed. 

McClellan^ C. J., Tyson and Simpson^ J. J., con- 
curring. 

To be reported. 



November 18, 1904. 
COUNTY SUPERINTENDENTS OF EDUCATION. 

Hon. Isaac W. Hill^ 

Superintendent of Education. 
Dear Sir: 

I think the terms of those of the County Superintend- 
ents who are elected and governed by the general law 
(Section 3551 of the Code), expired on the first day of 
October, of this year; and that successors who were 
elected at the November election of the present year are 
entitled to their offices as soon as they qualify. 

If the incumbents do not surrender the: offices, I thivli 
it will be necessary for their successors to take such 
legal steps as may be required to obtain possession of 
the offices, and of the books and papers pertaining 
thereto. Without possesson of these it will be impos- 
sible for the newly elected officers to discharge the du- 
ties of the offices, and in the meantime, (in order that 
the public business may not suffer) I think you may 



115 

properly continue to transact the necessary businetes of 
the offices through the incumbents. They are at least 
defacto officers, and their acts as such will doubtless be 
valid so far as the public is concerned. 
Very respectfully, 

Massey Wilson, 
Attorney General. 



June 26, 1905. 

TAX OFFICER'S COMMISSIONS FOR COLLECT- 
ING SCHOOL TAX. 

Hon. Isaac W. Hill, 

Rwpcrmtendcnf of Education. 
Dear Sir: 

I beg to acknowledge letter from Mr. John C. Wil- 
liams, Superintendent of Education for Talladega 
county, to you concerning commisisions to be allowed the 
assessor and collector for assessing and collecting the 
special school tax in Talladega county. 

The question should have been addressed to the State 
Auditor. The tax officers are required to make settle- 
ments through hii^ office, and he will have to determine 
what commissions are allowable. It is my idea, how- 
ever, that in estimating the assessor's commissions the 
aggregate of this and all other assesisments should be 
taken, and that the commissions should not be allowed 
on the school tax separately, and that the collector is 
entitled to two per cent for collecting the special school 
tax. General Acts, 1903, p. 352; Code, Sections 3925 
and 2997. 

Yours truly, 

Massey Wilson, 

Attornev General. 



ii6 



INDEX. 



Agriculture, teaching of, in places of 500 popula- 
tion and over, provided for 78 

Attorney-General's rulings 98 

Benefits und(S' act providing for sale of 16tli sec- 
tion la litis containing or supposed to con- 
tain minerals 91 

Construction of school houses, title of an act 95 

('urry, Jabez Lamar Monroe, memorial statute of, 

in Statuary Hall in Washington, D. C 88 

TMstricts in new counties, provision for regulation 

of 87 

District Agricultural Schools, boards of control of, 

how constituted, etc ■ 77 

Elections tO' levy special tax for support of, pro- 
vided for 79 

Election of County Commissioners, Boards of Rev- 
enue, and County Superintendents of Edu- 
cation elected on first Tuesday in Novem- 

vember, 1902, ratified and confirmed 87 

Establishment of, in townships, and provisions 
for regulation thereof by trustees under 

Sec. 3582, Code, as amended 94 

Examination law 41 

Form of 16th Section note 57 

Form of certificate of purchase 16th section land. . 58 
Form of report of sale State 16th section land. ... 58 

Form of 16th section bond '. 59 

Form of lease 16th section lands 60 

Instructions regarding Examination law 51 

Law fixing minimum term 55 

Law requiring Normal graduates to procure certi- 
ficates 56 

Law amending Sec. 3602 of Code 56 

Monthly payment of teachers 96 



RULINGS OF ATTORNEY GENERAL. 
Municipalities authorized to levy special tax for 
purchase of property for, and maintenance 
of 90 



1^7 

Normal, two extra periods of examination for ap- 
plicants to teach, provided for 78 

Pay rolls and payment of teachers, under See's. 

3610 and 3612, Code, as amended 95 

Redistriction of, provision for 82 

Rules of State Board of Examiners 48 

State Text Book Commission created in interest 

of, and provisions as to 62 

Summer school for teachers, at University of Ala- 
bama 75 



GENERAL PROVISIONS. 

SECTION. 

Appropriation for public schools 3539 

Appropriations when, accrue, and placed to cred- 
it of educational fund 3540 

General desig:nation of ofiflcers for administration 

of public schools 3541 

Normal schools ; amount for support of, set apart 

out of educational fund 3602 

Public schools; appropriation for . . 3559 

Officers for administration of, 

general designation of 3541 

Scholastic periods what, are 3598 

School iund; when appropriations accrue, and 

place to the credit of 3540 

SUPERINTENDENT OF EDUCATION. 

Alcoholic drinks, etc., shall make provision for 
instructing people as to effect of, upon hu- 
man system Subd. 3 3546 

Biennial reports to be made by, to governor ; con- 
tents of. .. .^ 3547 

printed and distributed 3548 

Bond of; by whom approved, etc., where filed. . . 3543 
Books of county superintendent subject to' exami- 
nation by superintendent 3558 

Clerks, authorized to employ; salaries of 3545 

Constituiton, State and Federal, shall make pro- 
visions for instructing pupils in — Subd. 4 3546 



ii8 

County Superintendent, may remove, when .... 3551 

require new or addition- 
al bonds of ; effect of no- 
tice to give 3554 

fixes and approves bond 

of 3552 3553 

County Superintendent, shall fill vacancy in office 

of; term of appointee. . . 3559 
books and accounts of, 
subject to examination, 

by 3558 

Duties of, generally 3546 

as to apportionment and disbursement of 

school funds 3601-3623 

and powers of, as to . sale and lease of 

school indemnity lands 2661-3666 

Enumeration, new, of children, when may order; 

expense of, how paid 3574 

Fixes amount of, and approves bond of county 

superintendents 3552, 3553 

Hygiene and physiology, shall make provisions 

for instructing pupils in, etc., Subd. 3 3546 

May remove county superintendent, when 3551 

require new or additional bond of county 

superintendent 3554 

effect of notice to give 3554 

Oath of office , '. 3543 

Office, books, papers, and records 3544 

Patent, when certificate by, necessary to issue of, 

for school lands ; . . 3654 

Salary of , 3542 

School fund, duties as to appointment and dis- 

bui'sement of 3601-3623 

indemnity lands, duty and powers as to 

sale and lease of 3661-3666 

Shall fill vacancies in office of county superin- 
tendent r 3559 

Term of office of 3542 

Vacancy in office of, filled by governor; term of 

appointee 3549 

county superintendent filled by superin- 
tendent 3559 



119 

COUNTY SUPEllINTENDENT. 

Aiiiuial report, etc., required to make. . . .Subd. 6 355G 

forfeiture for failure to make 3557 

Appeal from township trustees for each town- 
ship or other school district 3560 

members of county boards of educaticm. . 3583 

Apportions funds unused for two years ; report of 3(ily 

Approves contract with teachers 3569 

Board of Education, county, president of 3583 

members of, appointed by ... . 3583 

Bond of; amount fixed by superintendent of edu- 
cation ; conditions, etc 3552 

. approval, filing, and record of 3553 

new or additional, may be required; ef- 
fect of notice to give 3554 

Books and accounts of, may be examined by su- 
perintendent of education, etc 3558 

Compensation of, when may be used by, etc 3555 

County board of education, president of 3583 

members of, appointed by 3583 

Decision on appeal from township trustees final 3565 

Duties of, generally 3556 

as to bonds of township trustees, when 

lands about to be sold or leased 3659 

making pay rolls, paying teachers, etc. 3610-3616 

Election of, unless special act for appointment. . 3550 
term of office ; superintendent of education 

may remove, etc 3551 

Enumeration of children; must report, to super- 
intendent of education, when 3573 

Funds unused for tAvo years apporticmed by ; re- 
ports of . V '. 3619 

]\Iust make to superintendent of education report 

of enumeration 3573 

Oath of office and bond 3552 

Penalty for failing to make pay rolls, sign re- 
ceipts or pay teachers 3616 

President of county board of education 3583 

teachers' institutes 3591 

Teachers, approves contracts with 3569 

institutes, president of 3591 



120 

Term of office of ; may be removed by superintend- 
ent of education, when 3553 

Township trustees ; appoints three for each town- 
ship or other school district 3560 
decision on appeal from, final 3565 
duty as to bonds of, when 
lands about to be sold or 

leased by 3659 

Vacancies in office of; how filled; term of ap- 
pointees 3559 



TOWNSHIP TRUSTEES. 

Appointment of three, for each township or dis- 
trict, by county superintendent ; term .... 3560 

Bonds must be given by, when school lands about 

to be sold or leased 3659 

Compensation of, for holding election and making- 
sale of lands; penalty for certain defaults 3650 

Contracts with teachers ; contract for transferred 

pupils 3569 

Duties and powers of, as to lease and sale of 

school lands 3625-3660 

Each district under management of, as to matters 

connected with public schools 3594 

Employing teachers and opening schools, rules in 

reference tO' 3568 

Enumeration, must make, of children within edu- 
cational age; when 3573 
report of, to county su- 
perintendent; when 3573 
county superintendent must report, 

to superintendent ; when 3573 

Enumeration, new, may be ordered by superin- 
tendent, when; expense of; how paid. . . . 3574 

Exempt from road and jury duty, and from poll- 
tax '. 3575 

Have supervision of, and power to establish pub- 
lic schools 3561 

Jury duty, exempt from 3575 

Local school funds, have charge of apportionment 

and expenditure of; exception 3617 



121 

Location of school when only one in a township ; 
how located; change of loca- 
tion 3566 

and employment of teachers, to 

what regard must be had in 3567 
May be removed from office by county superin- 
tendent ". Snbd. 7 3556 

Meetings with parents and guardians; business 

transacted thereat 3562 

report to county superintendent number 
and location of schools, etc., within 

ten days after such 3563 

notice and duration of; effect of failure 

to attend 3564 

appeal to county superintendent from 

decision of trustees at such 3565 

Must visit schools in their district at least once 

during each scholastic year 3570 

Penalty for certain defaults in reference tO' sale 

of school lands 3650 

Poll-tax, exempt from 3575 

Road duty, exempt from 3575 

School lands, must report income from sale or 

lease of 3634 

duties and powers as to lease and 

sale of 3625-3660 

compensation for holding election 

and making sale of 3650 

Teachers, to what regard must be had in locating 

schools and employing 3567 

employing, and ofjening schools, rules 

in reference to 3568 

Teachers, execution of contracts with; contract 

for transferred pupils 3569 

may remove, but must pay for time 

taught '. 3571 

must require, to register daily attend- 
ance of pupilsi 3572 

Transferred pupils, must contract with teachers 

for 3569 

Vacancies in office of, filled by county superin- 
tendent .' Subd. 9 3556 



122 

PUBLIC SCHOOLS. 

Attendance of pupils to be registered. . . . 3572, 3580 
Board of education ; how constituted ; vacancies ; 

by whom filled 3583 

meetings of 3584 

power to cancel licenses; 

cause for cancellation .... 3588 
Child to attend but one public school, etc., except 

by consent, etc 3596 

when non-resident, entitled to school pri- 
vileges 3597 

Contracts for, invalid, when 3606 

Location of, when but one in township; how lo- 
cated; change of location 3566 

to what regard must be had in 3567 

meeting as to, num_ber, etc., of schools 3562 
Must be visited at least once during schlastic 

year by trustees . 3570 

separate schools for the two races 3600 

Non-resident, when entitled to school privileges . . 3597 

Opening schools, rules in reference to 3568 

Pupils enlisted to instruction in 3595 

attendance of, to be registered . .3572, 3580 
child to attend but one, except by con- 
sent, etc 3596 

when non-resident, entitled to school 

privileges 3597 

Pupils, public examinations and certificates to. . 3599 
must be instructed as to the nature of alco- 
holic drinks and narcotics 3578 

must be instructed in state and federal con- 
stitutions Subd. 4 3546 

Rules in reference to opening schools 3568 

Scholastic periods, what are 3598 

School districts: establishment and supervision 

of; capacity to hold property 3594 



123 

Teachers shall instruct as to nature of alcoholic 
drinks and nai'cotics and their ef- 
fects, etc 3578 

how long certificates to, are valid .... 3579 
register of attendance of pupils to be 

kept and submitted, etc 3580 

must make quarterly reports to coun- 
ty superintendent ; contents of, etc . 3581 
not entitled to compensation until re- 
ports made 3581 

to be paid (juarterly, and receipts 

taken 3582,3612 

Avhen paid monthly 3611 

to what regard must be had in em- 
ploying 3567 

Teacher, rules in reference to employing 3568 

execution of contracts with; contract 

for transferred pupils 3569 

removal of, by trustees; payment for 

time taught 3571 

must keep I'egister of daily attendance 

of pupils 3572 

cause for cancellation of license to teach 3588 
Teachers' institutes; duty of board of education 

to organize 3590 

officers and members of; not 

imposed without consent. 3591 
m^eeting of; address; attend- 

tendance, etc 3592 

business of 3593 

To be established by, and -be under supervision of 

township trustees 3561 

what regard must be had in locating. . . . 3567 
Two races, separate schools for the 3600 

SCHOOL FUNDS, APPORTIONMENT AND DIS- 
BURSEMENT OF. 

Apportionment; basis of, and how made 3605 

. to be recorded and certified to 

county superintendents 3606 

and expenditure of local school 

money 3617 

of income from trust fund when 
township divided 3618 



124 

Auditor certifies amount of money to credit of 

educational fund 3601 

amount certified by, to be apportioned by 
superintendent, drawn and disbursed, 

etc 3601 

amount apportioned certified to ; no war- 
rant drawn in excess; balance unap- 
portioned certificate to treasurer. . . . 3603 
Auditor, amount due eacli county apportioned 

and certified to 3609 

shall draw warrant in favor of county 

superintendent 3611 

file: said warrant and pay roll with 

the treasurer 3611 

must prepare blank pay rolls, receipts, 

etc 3613 

Contingent expenses and amount for normal 
schools set apart, residue appor- 
tioned 3602 

fund for department of education . , 3622 
unexpended part of, credited to 

next year 3623 

Each county receives poll-tax collected therein, 

and no more 3307 

township and race entitled to its poll-tax; 

report as to 3608 

Fund, wiiat, first set apart; effect of apportion- 
ment |3604 

once apportioned, not used for other 

purposes until reapportioned 3620 

unused for two years, apportioned by 

county superintendent 3619 

what part of income of townships new 

districts are entitled to 3621 

Local school monej^, apportionment and expendi- 
ture of 3617 

New districts, what part of income of townships, 

entitled to 3621 

Pay rolls, county superintendents shall make 

quarterly 3610 

duplicate, to be forwarded to superin- 
tendent 3610 



125 

Pay rolls, if correct, approved and filed with au- 
ditor . . . , 3610 

auditor shall draw warrant for amount 

of, in favor of county superintendent 3611 
must file warrant and, with treasurer. . 3611 
treasurer must forward money, pay roll 

and duplicate receipts, etc 3611 

Pay rolls, teachers paid, and duplicate pay rolls 

to be signed by 3612 

duplicate, returned to superintendent. . 3612 
auditor must prepare blanks, receipts, 

etc 3613 

when teachers paid monthly, duty of 

county superintendents as to 2614 

if any balance in hands of county su- 
perintendent deduct from next quar- 
terly 3615 

county superintendent failing to make, 
sign receipts, or to pay teachers, etc., 

must be removed from office 3616 

Poll tax, each county receives, collected therein, 

no more 3607 

township and race entitled to its; re- 
port as to 3608 

State treasurer, duty of, as to forwarding money, 

etc., to county superintendent 3611 

Teachers, payment of when made; manner of 

taking receipts, etc 3612 

when paid monthly; duty of county 

superintendent 3614 

Township divided, apportionment of income from 

trust fund when 3618 



SCHOOL LANDS. 

Past-due notes to be placed in hands of, etc .... 3655 
for indemnity school lands placed 

in hands of, when 3663 

Apportionment of agents, etc., by 3656 

Bonds required of trustees when lands about to be 



126 

sold OT leased 3959 

Clerk of court to certify certain facts, etc., to su- 
perintendent of education; penalty for 

failure 3949 

Collection of notes for purchase money of . . . .3655-3657 
Compensation of township trustees for holding 

election for, and saLe of 3650 

Costs not to be taxed against township when no 

rnoney recovered, etc 3649 

Definition as to what are school lands, and in 

whom vested 3625 

Ele<^-tion as to sale of 3635 

oath of inspector of 3636 

if inspector absent how place supplied. . 3637 
polls to be opened and closed at what 

hours 3638 

manner of voting at 3639 

if majority for sale, survey made, and 

minimum price fixed 3640 

plat of land with minimum price marked 

to be kept for inspection 3641 

Faith and credit of State pledged for payment of 

interest on school fund, etc 3658 

Fines under provisions of sections 3649 and 3650 

go to school fund 3651 

Incorporation of townships 3624 

Indemnity school lands, sale of, authorized 3661 

manner and terms of sale 

of 3664 

proceeds of sale of; how 

disposed of 3662 

notes taken by superin- 
tendent, etc 3663 

when turned over to attor- 
ney general 3663 

lease of, provisions as to. . 3665 
what provisions as tO' tres- 
pass, resale, etc., appli- 
cable 3666 

Issue of patents; correction of mistakes, etc. ,.3652-3654 
Other lands may be leased; terms; rent; notice; 

duties of lessee, etc 3627-3630 



127 

Patent, when to be issued 3652 

issue of, by secretary of state; correction 

of mistalves 3653 

Patents; in other cases; certificate of sui3erin- 

tendent necessary, etc 3654 

Penalty against clerk of court for failure to certi- 
fy certain facts, etc 3649 

township trustees- for certain de- 
faults relative to sales, etc .... 3650 

for in jurj^ to timber on 3632, 3633 

Plat of, with minimum price marked, etc., to be 

kept open for inspection 3641 

Proceeds of sale of, to be covered into state treas- 
ury 3658 

faith and credit of state pledged 

for payment of interest on . . 3658 

Provisions of article as to sale of, directory 3644 

what applicable to trespass on, resale', 

etc., of indemnity lands 3666 

Purchase money, collection of notes for 3655-3657, 3663 

Report of income from leasing or renting 3634 

Resale of; when may be made 3646 

Revesting of title; clerk to certify facts; penalty 

for failure; costs 3649 

Sale of, election for 3635-3639 

if majority for, survey made and mini- 
mum price fixed 3640 

plat with minimum price marked, etc., 

to be kept free to inspection 3641 

notice of 3642 

at public auction, terms of 3643 

provisions as to, directory 3641 

report of ; disposition of purchase money 

notes \ 3645 

resale, when 3646 

certificate of purchase 3647 

effect and operation of 3648 

revesting of title, etc 3649 

compensation to township trustees for 

making; penalty for defaults 3650 



128 

Sale of, proceeds of. covered inro state treasury 365S 
bond requii'ed of trustees when, or lease 

about to be made 3659 

Sale of. br whom, duties as to, etc., performed 
bv whom, duties as to, etc., performed 

when township divided 36C0 

school indemnity lands, authorized .... 3661 

proceeds of : how 

disposed of. 3662 
notes taken by 
superintend- 
dent of ed- 
ucation 3668 

when to be placed 
with attorney general 3663 
manner and terms 

of 3664 

School indemnity lands, lease of 3665 

provisions applicable to 3666 

Secretary of State : issue of patent by ; correction 

of mistake ] 3653 

State, faith and credit of, pledged for payment of 

interest on school fund 365S 

Timber lots reserved 3626 

how used 3631 

penalty for injury to timber on. .3632, 3633 

Township, incorporation of 3624 

credited with collections on notes g:iven 

for sale of 3657 

when, divided, by whom duties as to 

lands performed 3660 

t3Tistees. compensation of, for making 

sale, etc T 3650 

Trustees, township, compensation of, for making 

sale, etc ! 3650 



